2011-06-23_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 5 of 8 June 22, 2011 the Applicant has satisfied its return flow obligations is equivalent to the historical consumptive use attributable to the shares. You have projected GIC direct and Fossil Creek Reservoir deliveries for this plan period based on average deliveries per share from 2004 to 2010. As shown in Table 5, total credit for the Applicant's 2.0 GIC shares was estimated to be 25.36 acre - feet for the irrigation season (April through October). The Applicant has obtained a lease from the Graham Drainage Ditch Company for 58.2 acre -feet of replacement water from the Graham Seepage & Drainage Canal water right (WDID 0301321) for the period of April 2011 to October 2011. A second lease of 58.8 acre -feet was obtained for the period of April 2012 through October 2012. This water right was decreed in case no. W -7818 as developed water, not tributary to the South Platte River. The Court found that 2,800 acre -feet of water was developed by the construction, development, and operation of the Graham Seepage & Drainage Canal; however, historically, only 1,330 acre -feet were consumptively used, with 1,470 acre -feet discharged as waste water to the Cache La Poudre River and its tributaries. In the decree entered in case no. W -7818, the Court indicated that it considered the Supreme Court decisions in the cases of Southeastern Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern Colorado Water Conservancy District v. Colorado -New Mexico Land Co., Inc. 187 Colo. 181, 529 P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre -feet per year of consumable water. Deliveries of replacement water will be measured at a flume located approximately 380 feet from the mouth of the Graham Seep Ditch (WDID 0302906). The mouth of the Graham Seep Ditch is located approximately 1,030 feet from the north section line and 1,350 feet from the east section line of said Section 36, adjacent to the estimated point of depletion from the Greeley Pit; therefore no transit losses were assessed. A lease of 26.1 acre -feet of fully consumable water provided by the Platte River Power Authority ( "PRPA ") will be used to make replacements during the non - irrigation season of November 2011 through March 2012, and 24.6 acre -feet will be used to make replacements from November 2012 through March 2013. This lease was amended on June 13, 2011 to lease an additional 1.0 acre -foot of replacement water for the period of November 2011 through March 2012, and an additional 0.9 acre -foot for the period of November 2012 through March 2013. PRPA has an "Agreement for the Reuse of Water for Energy Generation ", dated August 10, 1978, with the City of Fort Collins ( "Fort Collins ") and Water Supply and Storage Company ( "WSSC ") that provides PRPA with the right to receive reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of a plan for augmentation including reuse of water in Division 1 Water Court Case no. W- 9332 -78. In case no. W- 9332 -78, the Court found that 4,200 acre -feet, or more per year, will be available from Fort Collins to the PRPA to be used primarily for cooling purposes in connection with its Rawhide Energy Facility. Pursuant to the decree in case no. W- 9332 -78, if PRPA does not require the water for its own purposes, PRPA, Fort Collins, or other water users may utilize the water for any other beneficial purpose including augmentation. In addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company ( "North Poudre") dated November 15, 1979 and amended on September 10, 2009, which grants PRPA the right to store surplus water (which is surplus water beyond the needs of the Rawhide Energy Facility) in Fossil Creek Reservoir and lease such water to others who can use such water from Fossil Creek Reservoir through direct delivery. According to the Agreement, releases of leased water to others shall be made in the months of September, October, November, February or March. The releases will be made from Fossil Creek Reservoir to the Cache La Poudre River approximately 26.6 miles upstream of the estimated point of depletion from the Greeley Pit. A 0.25 percent per mile river transit loss for 26.6 miles results in 25.30 acre -feet of water available for augmentation from November 2011 through March 2012, and 23.80 acre -feet of water available for augmentation from November 2012 through March 2013, which is sufficient to cover all depletions during the November through March timeframe for each year.