2010-08-05_HYDROLOGY - M1980135

• Permit No: M1980135
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/5/2010
• Doc Name: Augmentation Plan
• From: District Court
• To: Pinneo Feedlot, LLC
• Permit Index Doc Type: Hydrology Report
• Email Name: MAC
• Media Type: D
• Archive: No

water that is released, as described in Paragraphs 10(A)(2)(c) and 33(B)(5). The
remainder of such released water may, with the consent of UPBCC, be delivered
to the headgate of the Upper Platte and Beaver Canal, described in Paragraph
10(B)(2)(b) (after adjustment for transit losses to such headgate), for delivery to
the Booth Farm Recharge Ponds, as described in Paragraph 10(A)(2)(e)(1) , solely
for recharge and delivery to the stream as return flow. When such remainder of
the released water is so delivered through the Upper Platte and Beaver Canal to
the Booth Farm Recharge Ponds, Pinneo shall be deemed to have satisfied its
return flow obligations with respect to any such releases made for direct delivery.
If such remainder is not so delivered, then Pinneo shall otherwise be obligated to
replace the remaining 60.26% of the water delivered to such midpoint of
depletions, after adjustment for transit losses by using any other augmentation
sources available to Pinneo. The return flow obligation timing will be determined
by lagging the return flow obligation with a 270 day SDF. Nothing in this decree
shall prevent the Division Engineer or Water Commissioner from assessing a
transit loss that is not 0.5% per mile in the future.
3) With the consent of UPBCC and the Water Commissioner, Pinneo may instead
deliver such releases to the headgate of the Upper Platte and Beaver Canal,
described in Paragraph 10(B)(2)(b) (after adjustment for transit losses to such
headgate) for delivery either to the Booth Farm Recharge Ponds, as described in
Paragraph IO(A)(2)(e)(1) , or to the UPBCC discharge structure described in
Paragraph 10(B)(1)(b) , and such deliveries shall be measured at both the Upper
Platte and Beaver Canal headgate and at such ponds or discharge structure. The
consumptive use/augmentation credit calculated at the Booth Farm Recharge
Ponds shall be 60% of the water that is actually delivered to the ponds. The
remaining 40% of the amount of water so delivered shall return to the river as
ground water return flows. The resulting consumptive use/augmentation credits
from such recharge deliveries (after any further reductions described in
Paragraphs 10(A)(2)(e)(2) and 10(A)(2)(e)(3)) will first be lagged to the South
Platte River, and then assessed a transit loss to the point(s) of depletion under this
plan. Alternatively, 60% of any water delivered through the Upper Platte and
Beaver Canal may be delivered to such UPBCC discharge structure and receive
consumptive use/augmentation credit, with the remaining 40% of such water
being delivered to the Booth Farm Recharge Ponds to return to the river as ground
water return flows. When Pinneo delivers 40% of the water delivered through the
Upper Platte and Beaver Canal to recharge as return flows, Pinneo shall be
deemed to have satisfied its return flow obligations with respect to any such
releases delivered for recharge or to the UPBCC discharge structure.
C. Booth Farm Well Right Credits: In order for Pinneo to make use of the Booth Farm
Well Right for augmentation and replacement purposes in any water year, the
following terms and conditions shall apply:
1) Prior to use of the Booth Farm Well Right for augmentation and replacement
purposes, including by recharge, Pinneo must obtain an augmentation plan
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