2011-11-16_HYDROLOGY - M1977522

• Permit No: M1977522
• IBM Index Class Name: HYDROLOGY
• Doc Date: 11/16/2011
• Doc Name: SWSP
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: ECS
• Media Type: D
• Archive: No

Mr. Jared Dains, E.I. Page 4
November 16, 2011
PRPA lease with Star Ready Mix, Inc. The releases will be made from Fossil Creek Reservoir to
the Cache La Poudre River approximately 24.6 miles upstream of the estimated point of
depletions from the Feit Pit. A 6.15 percent (0.25 percent per mile for 24.6 miles) river transit
Toss is included in the 16.4 acre -feet amount. The subject lease was signed in October of 2011
and a copy of the lease is attached to this letter.
The Applicant has also obtained a lease from the Graham Drainage Ditch Company for
95.5 acre -feet of replacement water from the Graham Seepage & Drainage Canal water right.
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. The current lease for the Graham Seepage & Drainage Canal water is for
the period of April 2012 through October 2012 and a copy is attached to this letter. Deliveries to
the Cache La Poudre are measured at a flume located approximately 380 feet from the mouth of
the ditch and are made downstream of the estimated point of depletions from the Feit Pit,
therefore no transit losses were assessed.
The monthly depletion and replacement requirements are found on the attached Table 4.
Conditions of Approval
I hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S.,
subject to the following conditions:
1. This SWSP is approved with the effective date of November 1, 2011 and shall be valid
through October 31, 2012 unless otherwise revoked or modified. If this SWSP 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
September 15, 2011.
2. The area receiving the pre -1981 credit is shown on the attached Figure 3 tabled
"Proposed Feit Pit Pre -1981 Credit Allocation Location (Not to be considered
final) ". Please note, these credits are no longer allowed to be re- allocated to other
areas of ground water exposure. The applicant has 30 -days after this SWSP
approval to submit to our office a final Pre -1981 map. If nothing is received in that
time frame, Figure 3 will become final. In addition, as required by the General
Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits, updated
April 1, 2011, the Applicant must provide a GIS compatible file that has a shape file
for the final re- allocated pre -81 area.
3. A well permit, no. 74929 -F, was issued for a maximum total exposed surface water area
in the pit of 60 acres and remains valid. Should this well permit become invalid for any
reason, approval of this SWSP may be cancelled: