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• <br />• <br />• <br />The current methods and data sets produce a more accurate determination of the historic CU of <br />crops in the mining area and should be used in the current augmentation plan filing. <br />ADMINISTRATIVE LOSS FACTOR <br />Case No. 88CW55 changed the water rights for 27 shares to include industrial uses, set aside <br />97.8 acre -feet that could be used for industrial purposes, and designated the rest to be released <br />back to the stream to compensate for historical return flows. The 1988 Report stated that "In <br />order to account for `losses' due to timing of flows and diversions, and measurement error, an <br />administrative loss factor of 0.5 is used." In paragraph 6.B.(1)(e) of the decree, a 0.5 factor is <br />used to compensate surface water rights for "timing delays, delivery losses, and any variation in <br />assumed conditions" of pit inflow, the delivery back to the stream would be 48.4 acre -feet per <br />year. This essentially cut the historic CU of 97.8 acre -feet in half, leaving only 49.4 acre -feet to <br />be used for evaporation and dust suppression. <br />The administrative loss factor should not be included in the revised augmentation plan. <br />The technology to use ground water modeling tools was not available when case 88CW55 was <br />decreed. With today's tools, the timing of these impacts can be calculated. The Glover and <br />Theis methods calculate the delayed impacts to the stream from well pumping, both from the <br />domestic supply wells and dewatering from the mine area. The analysis compensates for flow <br />variation by using averages established from historic use. Descriptions of these methods are <br />included in the BBA Report, referenced later in this report. The mine can also measure diversion <br />amounts with flow meters and truck volume records. The delivery amount of replacement water <br />can be accurately measured with Parshall flumes by the Highline Canal ditch rider whenever <br />necessary. There is no longer a need for this 0.5 compensation factor to make sure <br />depletions are replaced in time and amount to prevent injury. <br />IDENTIFICATION OF LANDS DRIED -UP PER 88CW55 (27 SHARES) <br />At the time Case No. 88CW55 was decreed, the Peabody Coal Company claimed 74 acres of <br />land historically irrigated with 27 shares. Half of that land had already been dried -up and the <br />other half was being irrigated. Peabody Coal Company planned to dry up the remaining acreage <br />as the mining area gradually moved into the irrigated areas. The analysis did not mention the <br />reclamation process that requires the land to be revegetated. If the land is to be dried up, dry - <br />land vegetation must be established to exact standards and will not be released from bond until it <br />is. If the landowner of the leased property desires a permanently irrigated grass crop, it must be <br />planted and established. In the reclamation process, the land is not released for at least 10 years <br />from the time when revegetation begins. <br />Since 1988 there has always been at least 74 acres of dry -up associated with the mining process. <br />This report assigns the 74 acres to historically irrigated lands that were permanently dried up and <br />not reclaimed. It also shows areas that are dried -up during the mining process, part of which <br />have been and will be reclaimed as dry -land vegetation when final release is obtained. <br />Since the ditch shares can be moved around anywhere within the ditch system, this Water Court <br />filing should identify the exact location of the 74 acres of dry -up that will be tied to the shares <br />changed in 88CW55 from this point forward. The areas mined since 1976 have to be reclaimed <br />5 <br />