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Mr. Jared Dains Page 4 <br />November 29, 2011 <br />The applicant's GIC shares will be delivered to the Cache La Poudre River at the 23` <br />Avenue and Fourth Street Return Station. Those replacements will be made directly adjacent to <br />the Bucklen Pit. Due to close proximity of the return station to the Bucklen Pit, no transit losses will <br />be assessed to the delivery of the GIC shares. <br />A portion of the Greeley Canal No. 3 was changed in Division 1 Water Court in case no. <br />96CW658 based on a ditch -wide analysis by the Poudre Prairie Mutual Reservoir and Irrigation <br />Company. The use of the subject ditch shares in this plan shall be in accordance with the terms and <br />conditions decreed in case no. 1996CW658, including monthly and annual volumetric limits on water <br />deliveries and monthly return flow requirements. The decree in case no. 1996CW658 found that <br />519.7 shares were used to irrigate 3,501 acres with an average historical consumptive use of 5,358 <br />acre -feet per year, which yields an average consumptive use credit of 10.31 acre -feet per share <br />(5,358 acre- feet/519.7 shares). <br />Based on the above, the 5 shares to be used in this plan results in a consumptive use credit of <br />approximately 51 acre -feet per year (10.31 acre -feet per share x 5 shares). The Applicant owns a <br />total of six GIC shares. One of the Applicant's shares was associated with Farm W -49, which is <br />now dried up because it is part of the Bucklen Pit. The other five shares were referred to as <br />"floating shares" in case no. 1996CW658. In accordance with paragraph 19 of case no. <br />1996CW658 the lands historically irrigated by the "floating shares" are reported to have already <br />been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries of <br />the 67.75 shares were limited to 1,712 acre -feet per year (25.26 acre -feet per share) and 12,631 acre - <br />feet (186.43 acre -feet per share) in any consecutive 10 year period. Deliveries of the 5 shares of GIC <br />water under this plan must comply with these limits. The historical return flows shall be maintained in <br />accordance with the return flow factors identified in case no. 1996CW658. The return flows <br />associated with the delivery of Fossil Creek Reservoir water that is attributable to the 5 GIC shares <br />shall also be maintained in accordance with the surface and subsurface factors decreed in case nos. <br />1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the subsurface component of <br />the return flow obligation will be calculated by multiplying the 5 year running average annual farm <br />headgate deliveries of GIC direct flow water and Fossil Creek Reservoir water. As WY 2009 was the <br />first year that GIC shares were used for augmentation purposes at this pit, the subsurface return flow <br />obligations will only be based on the average of WY 2009, 2010, and 2011 deliveries. The estimated <br />subsurface return flow obligations for the water year 2011 for the GIC direct deliveries and Fossil <br />Creek Reservoir deliveries are 14.87 acre -feet and 0.00 acre -feet, respectively (Table 4). <br />For projections of WY 2012 deliveries, the Applicant used a dry-year yield of 17.75 acre -feet <br />per share. This value was taken from decree 03CW348, a change case involving similar GIC <br />shares. As specified in case no. 96CW658, all deliveries of GIC water incur an immediate surface <br />return flow obligation of 23.7 %. In total, the five GIC shares are expected to have a net credit to the <br />river of 13.54 acre -feet before the subsurface return flow obligations are deducted. <br />Platte River Power Authority Lease <br />During the period of November 2011 through March 2012, a lease of 18.9 acre -feet of fully <br />consumable water provided by the Platte River Power Authority ( "PRPA ") will be used to make <br />replacements during the non - irrigation season. PRPA has an "Agreement for the Reuse of Water <br />for Energy Generation ", dated August 10, 1978, with the City of Fort Collins ( "Fort Collins ") and <br />Water Supply and Storage Company ( "WSSC ") that provides PRPA with the right to receive <br />reusable water delivered by Fort Collins. PRPA, Fort Collins, and WSSC also obtained approval of <br />