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°i <br />Mr. Jared Dains Page 3 <br />November 23, 2010 <br />be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen <br />abandonment of the site by the Applicant or as a result of long term ground water exposure <br />after completion of mining and reclamation will be replaced so as to prevent injury to other <br />water rights <br />In accordance with approach no. 4, you have provided an affidavit dated October 4, <br />2010 that dedicates five of the Applicant's shares of GIC water as replacement water solely <br />for this SWSP for as long as there are depletions at this gravel pit site or until such time as <br />another replacement source is obtained. A copy of the affidavit is attached to this letter. For <br />the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; <br />however, if the State Engineer determines that a different affidavit or dedication process is <br />necessary to assure proper dedication of the shares, additional information may be required <br />prior to future SWSP approvals. <br />The applicant's GIC shares will be delivered to the Cache La Poudre River at the 23rd <br />Avenue and Fourth Street Return Station. Those replacements will be made directly adjacent to <br />the Bucklen Pit. Due to close proximity of the return station to the Bucklen Pit, no transit losses will <br />be assessed to the delivery of the GIC shares. <br />A portion of the Greeley Canal No. 3 was changed in Division 1 Water Court in case no. <br />96CW658 based on a ditch-wide analysis by the Poudre Prairie Mutual Reservoir and Irrigation <br />Company. The use of the subject ditch shares in this plan shall be in accordance with the terms and <br />conditions decreed in case no. 1996CW658, including monthly and annual volumetric limits on water <br />deliveries and monthly return flow requirements. The. decree in case no. 1996CW658 found that <br />519.7 shares were used to irrigate 3,501 acres with an average historical consumptive use of 5,358 <br />acre-feet per year, which yields an average consumptive use credit of 10.31 acre-feet per share <br />(5,358 acre-feet/519.7 shares). <br />Based on the above, the 5 shares to be used in this plan results in a consumptive use credit of <br />approximately 51 acre-feet per year (10.31 acre-feet per share x 5 shares). The Applicant owns a <br />total of six GIC shares. One of the Applicant's shares was associated with Farm W-49, which is <br />now dried up because it is part of the Bucklen Pit. The other five shares were referred to as <br />"floating shares" in case no. 1996CW658. In accordance with paragraph 19 of case no. <br />1996CW658 the lands historically irrigated by the "floating shares" are reported to have already <br />been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries of <br />the 67.75 shares were limited to 1,712 acre-feet per year (25.26 acre-feet per share) and 12,631 acre- <br />feet (186.43 acre-feet per share) in any consecutive 10 year period. Deliveries of the 5 shares of GIC <br />water under this plan must comply with these limits. The historical return flows shall be maintained in <br />accordance with the return flow factors identified in case no. 1996CW658. The return flows <br />associated with the delivery of Fossil Creek Reservoir water that is attributable to the 5 GIC shares <br />shall also be maintained in accordance with the surface and subsurface factors decreed in case nos. <br />1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the subsurface component of <br />the return flow obligation will be calculated by multiplying the 5 year running average annual farm <br />headgate deliveries of GIC direct flow water and Fossil Creek Reservoir water. The average annual <br />deliveries for the last 5 years are shown in the table below: