2011-11-29_HYDROLOGY - M1982131 - Laserfiche WebLink

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Mr. Jared Dains Page 5 November 29, 2011 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 which grants PRPA to 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. As required by the Agreement, North Poudre and the water commissioner were informed by the PRPA of the lease with Bucklen Equipment Company, Inc. Graham Ditch Company Bucklen Enterprises has also obtained a lease from the Graham Ditch Company for 2.6 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 adjacent of the estimated point of depletions from the Bucklen Pit, therefore no transit losses were assessed. 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 SWSP expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than September 15, 2012. 2. Well permit no. 67876 -F (as amended on February 24, 2010) was issued in accordance with §37 -90- 137(2) and (11), C.R.S., for a maximum total exposed surface water area in the pit of 17.81 acres. This permit covers a loss of 49.11 acre -feet from evaporation, 2.94 acre -feet from mined product, and 4.51 acre -feet from dust control. 3. The total surface area of the groundwater exposed at the Bucklen Pit must not exceed 12.54 acres of post -81 areas and 5.27 acres of pre -81 area, resulting in 34.6 acre -feet of evaporative loss.