2011-10-17_HYDROLOGY - M1980136 - Laserfiche WebLink

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Eagle Pit SWSP October 5, 2011 Page 4 of 8 The time period when the historical consumptive use credit of the Neilson South Ditch will not cover depletions is October through April. The total replacement requirement during the October through April period is 5.28 acre -feet. In order to make replacements during this period, Lafarge has entered into a water supply contract with the Colorado River Water Conservation District ( "CRWCD ") (Contract no. CW09002). The contract with CRWCD is for 7.4 acre -feet annually. The lease will include a 10% transit loss. This will allow Lafarge to make replacements to all Colorado River calls below the confluence of the Eagle River. A copy of the contract was submitted with the SWSP and is attached to this letter. The source of replacement water from CRWCD was identified as Wolford Mountain Reservoir. Wolford Mountain Reservoir is located on the Muddy Creek drainage and it was decreed by the Division 5 Water Court in Case Nos. 87CW283, 95CW281 and 98CW237. There is one water right on the reach of the Eagle River between the Eagle Pit and the confluence with the Colorado River that may be impacted during drought periods. The Colorado Water Conservation Board ( "CWCB ") has an in- stream flow right from the confluence of Brush Creek to the confluence of the Colorado River for 130 cfs from May through September and 50 cfs from October through April. It is reported by the water commissioner, Mr. Bill McEwen, that during 2002, a call was placed to satisfy the 130 cfs in- stream flow right. A more recent called was placed on the Eagle River from August 31 through September 30, 2010 to satisfy the CWCB in- stream flow right. Mr. McEwen stated that the'only time the Eagle River stream -flow is expected to drop near the in- stream flow requirement is in late July, August or September. During those months Lafarge has sufficient historical consumptive use credit located at the gravel mining site to satisfy the evaporation and operational losses from the pit. According to the decree in consolidated Case Nos. 81CW94 and 81CW291, the Eagle Pit will be returned to irrigated pasture when Lafarge has completed mining. The Neilson South Ditch water will be returned to irrigation and the diversion point will revert back to the diversion point in Civil Action No. 945, at a point on the right bank of Brush Creek. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with § 37 -90- 137(11), C.R.S., subject to the following conditions: 1. This plan is approved with the effective date of July 1, 2011 and shall be valid through June 30, 2013 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than May 15, 2013. 2. A well permit must be issued for the gravel pit in accordance with § 37 -90- 137(2) and (11), C.R.S. prior to the exposure or use of groundwater. A well permit application has been submitted to this office (receipt no. 3641602) and this application is pending evaluation. Until a gravel pit well permit is approved, consumptive use and exposure of groundwater on this site is prohibited. The provisions of § 37 -90- 137(2), C.R.S., prohibit the issuance of a permit for a