2011-06-23_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 3 of 8 June 22, 2011 used in the model: aquifer transmissivity (T) = 120,000 gallons per day per foot, specific yield (SY) = 0.2, and the distance from the centroid of the 40 -acre pond to the Cache La Poudre River = 1,120 feet. The total lagged depletions during the first year of this plan period are 94.22 acre -feet and 93.26 acre -feet during the second year of this plan period. Replacements The sources of replacement water to be used for this SWSP are: 1) consumptive use credits associated with the historical irrigation use of 2.0 shares of the Greeley Irrigation Company ( "GIC "), 2) leased augmentation water provided by the Platte River Power Authority, and 3) leased augmentation water provided by the Graham Drainage Ditch Company. Both leased sources will deliver replacements above the Ogilvy Ditch, which is the first calling water right below the Greeley Pit point of depletion. 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 4 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 March 17, 2011 that dedicates 1.5 shares of the Applicant's GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is 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. In a letter to the DRMS dated April 22, 2011, the Applicant indicated that they are working towards purchasing a total of 6 shares of GIC water in the next four to five years for augmentation purposes at the Greeley Pit. Approval of this SWSP does not relieve the Applicant of their obligation to actively pursue the acquisition of these additional shares of GIC water or develop an alternate plan for achieving compliance with the DRMS's April 30, 2010 letter. Prior to future approvals the Applicant must dedicate additional water to this plan or propose other steps that will be taken to prevent the exposure of additional ground water at the pit and associated long term augmentation requirements. The applicant's GIC shares will be delivered to the Cache La Poudre River at the 23 Avenue /4 Street return structure. Those replacements will be made directly adjacent to the Greeley Pit. Due to close proximity of the return station to the Greeley Pit, no transit losses will be assessed to the delivery of the GIC shares. A portion of the Greeley Canal No. 3 was changed in Division 1 Water Court in case no. 96CW658 based on a ditch -wide analysis by the Poudre Prairie Mutual Reservoir and Irrigation Company. The use of the subject ditch shares in this plan shall be in accordance with the terms