2011-02-24_HYDROLOGY - M1978056 - Laserfiche WebLink

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Cheryl Signs, P.E. Durham Pit, DRMS-1978-056 Page 4 February 14, 2011 Note: Total direct diversion from all sources not to exceed 11 cfs. Storage rates are 90 cfs for Rural Ditch and Godding Ditch, 10 cfs for Godding Hollow and 100 cfs for Last Chance Ditch. Although not proposed to be used in this plan, additional replacements for depletions if necessary could be made by releases of a portion of four shares in the Rural Ditch Company water that is stored in the 112 and Dakolios lined pits. The Rural Ditch Company four shares were historically used to irrigate 158.9 acres on the 112-parcel site and these shares were used in the previous plans. Consumptive use credits from the 4 shares of the Rural Ditch that are not used to replace depletions during the irrigation season will be stored in the 112 Reservoir and subsequently released to replace non-irrigation season depletions. An application for a change of water right (to allow the applicant's Rural Ditch shares to be used in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational, piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the Water Court in Case No. 2003CW306. The historical consumptive use of the four shares of the Rural Ditch water averages 265.50 acre-feet per year. Excess consumptive use credits from the four shares of Rural Ditch stored in the 112 Reservoir will also be released to replace non-irrigation season depletions for the Durham Pit and Everist's Lohmann Pit, Rinn Valley Pit, Firestone Pit, Fort Lupton Pit and Lupton Meadows Pit. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. The 4th approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 that dedicates five of the Applicant's 5 shares of Greeley Irrigation Company, 4 shares of Rural Ditch Company and portion of water rights decreed in case no. 2001CW274, as replacement water solely for the Durham Pit site, Kurtz Pit site (M99-006), Heintzelman Mine site (M09-18) and Western Sugar Mine site (to be permitted), for as long as there are depletions at these gravel pit sites or until such time as another replacement sources are obtained. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. The monthly depletions and replacement requirements are found on the attached Table II. Conditions of Approval I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S. subject to the following conditions: