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<br />3 Yr.
<br />Mr. Jared Dains, E.I. Page 3 of 6
<br />February 9, 2011
<br />reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of
<br />a plan for augmentation including reuse of water in Division 1 Water Court Case no. W-9332-78. In
<br />case no. W-9332-78, the Court found that 4,200 acre-feet, or more per year, will be available from
<br />Fort Collins to the PRPA to be used primarily for cooling purposes in connection with its Rawhide
<br />Energy Facility. Pursuant to the decree in case no. W-9332-78, if PRPA does not require the water
<br />for its own purposes, PRPA, Fort Collins, or other water users may utilize the water for any other
<br />beneficial purpose including augmentation. In addition, PRPA has entered into an Agreement with
<br />the North Poudre Irrigation Company ("North Poudre) dated November 15, 1979 and amended on
<br />September 10, 2009, which grants PRPA to right to store surplus water (which is surplus water
<br />beyond the needs of the Rawhide Energy Facility) in Fossil Creek Reservoir and lease such water
<br />to others who can use such water from Fossil Creek Reservoir through direct delivery. According
<br />to the Agreement, releases of leased water to others shall be made in the months of September,
<br />October, November, February or March. Since the existing lease will also make replacements for
<br />months other than the months listed above, PRPA and North Poudre mutually agreed to lease the
<br />water for January and December 2011 and the water commissioner agreed to make the releases
<br />during those months. The releases will be made from Fossil Creek Reservoir to the Cache La
<br />Poudre River approximately 30.3 miles upstream of the estimated point of depletion from the Loloff
<br />Pit. A 0.25 percent per mile river transit loss for 30.3 miles results in 7.86 acre-feet of water
<br />available for augmentation, which is sufficient to cover all depletions during the months of January,
<br />February, March, November, and December 2011. The PRPA lease was signed on November 4,
<br />2010 and a copy is attached to this letter.
<br />The Applicant has obtained a lease from the Graham Drainage Ditch Company for 19.3
<br />acre-feet of fully consumable water from the Graham Seepage & Drainage Canal water right
<br />(WDID 0301321). This water right was decreed in case no. W-7818 as developed water, not
<br />tributary to the South Platte River. The Court found that 2,800 acre-feet of water was developed by
<br />the construction, development, and operation of the Graham Seepage & Drainage Canal; however,
<br />historically, only 1,330 acre-feet were consumptively used, with 1,470 acre-feet discharged as
<br />waste water to the Cache La Poudre River and its tributaries. In the decree entered in case no. W-
<br />7818, the Court indicated that it considered the Supreme Court decisions in the cases of
<br />Southeastern Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern
<br />Colorado Water Conservancy District v. Colorado-New Mexico Land Co., Inc. 187 Colo. 181, 529
<br />P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre-feet per year of
<br />consumable water. The current lease for the Graham Seepage & Drainage Canal water will
<br />provide fully consumable water for the period of April 2011 through October 2011 and a copy of the
<br />lease is attached to this letter. The fully consumable portion of the water delivered is determined
<br />by multiplying measured deliveries by 47.5%. The lease amounts are for fully consumable water,
<br />therefore actual deliveries will include additional water to account for the 47.5% factor. The
<br />Graham Seep Ditch deliveries are made approximately 4.3 river miles upstream of the estimated
<br />point of depletion of the Loloff Pit, therefore a 0.25% per mile transit loss results in 19.09 acre-feet
<br />of water available for augmentation. The lease amount is sufficient to cover all depletions during
<br />the April through October timeframe.
<br />Conditions of Approval
<br />I approve the proposed substitute water supply plan in accordance with Section 37-90-
<br />137(11), C.R.S., subject to the following conditions:
<br />1. This SWSP shall be valid for the period of January 1, 2011 through December 31, 2011,
<br />unless otherwise revoked, modified, or superseded by decree. If this plan will not be
<br />made absolute by a water court action by the plan's expiration date, a renewal request
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