2011-11-28_HYDROLOGY - M1988112 - Laserfiche WebLink

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irrigated lands (85 acres) plus the east pivot (120 acres) provides 160 +1- ac -ft per year of HCU and that this sum will be used to cover the 155 ac -ft for 2011 expected depletions under the SWSP. It is unclear if this contention is correct. (12) Logistics as to using Salazar Reservoir. BMRI contends that it wishes to store HCU credits in Salazar Reservoir. (SWSP p.6) However, it is not clear how such will occur as there is no ability to physically release any stored waters to the Rito Seco, the stream directly impacted by the augmentation plan. During the irrigation season, the Salazar Reservoir has the ability to provide releases to the Espinoza Ditch or stored waters can be used on the 85 acres of flood - irrigated lands. During the non - irrigation season, there is a right to store Salazar Reservoir waters. However, due to freezing up of waters in the ditch between the headgate and the reservoir, wintertime diversions appear to be limited. This concept has not been addressed in the engineering report. BMRI also wants to release stored consumptive use waters in the Salazar Reservoir during the non - irrigation season, but provided no physical explanation how such will occur, and how such proposal addresses injurious depletions as the time, place, and location. (SWSP p.8, para.9) (13) Potential Use of the Rito Seco Reservoir. The Rito Seco Reservoir is a contemplated use under the proposed plan in 07CW42 in which BMRI seeks to obtain a junior storage right. It is not an adjudicated right. Further, the physical structure has been in disrepair for a number of years. BMRI needs to make a showing that it could be a viable right and that a source of supply is available to make it viable. IV: SUMMARY Notice was received by letter of June 24, 2011 advising that BMRI is requesting a SWSP. Pursuant to C.R.S. §37- 92- 308(4)(a)(I1l), CostiIla County is providing comments as to a protest of any claim of injury along with other information this opposer wishes the state engineer to consider in reviewing the SWSP request. Water quality issues are set forth in this objection. Water quality considerations were made part of the two prior decrees in this matter - 89CW32 and 99CW057. In order to have a comprehensive understanding as to the nature of the requested relief sought by BMRI, and its impact upon decreed water rights, water quality issues are a significant consideration. It is not possible to only take one administrative forum, the SEO, and segregate out closely related water quality considerations that are under the jurisdiction of DRMS and CDPHE. Use of the West Pit wells and recapture wells involve water quantity, water quality, and remediation considerations, the latter of which impacts both water quantity and water quality. As such, BMRI should be required to unequivocally demonstrate that its proposed plan of operation will not harm water quality, persons, domesticated animals and wildlife, and should make such showing before all involved administrative agencies with jurisdiction over its reclamation 8