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Mr. Jared Dains, E.I.
<br />Loloff SWSP
<br />March 14, 2012
<br />Page 3of6
<br />9332 -78, if PRPA does not require the water for its own purposes, PRPA, Fort Collins, or other
<br />water users may utilize the water for any other beneficial purpose including augmentation. In
<br />addition, PRPA has entered into an Agreement with the North Poudre Irrigation Company ( "North
<br />Poudre") dated November 15, 1979 and amended on September 10, 2009, which grants PRPA to
<br />right to store surplus water (which is surplus water beyond the needs of the Rawhide Energy
<br />Facility) in Fossil Creek Reservoir and lease such water to others who can use such water from
<br />Fossil Creek Reservoir through direct delivery. According to the Agreement, releases of leased
<br />water to others shall be made in the months of September, October, November, February or
<br />March. Since the existing lease will also make replacements for months other than the months
<br />listed above, PRPA and North Poudre mutually agreed to lease the water for December 2012 and
<br />the water commissioner agreed to make the releases during that month. The releases will be
<br />made from Fossil Creek Reservoir to the Cache La Poudre River approximately 30.3 miles
<br />upstream of the estimated point of depletion from the Loloff Pit. A 0.25 percent per mile river
<br />transit loss for 30.3 miles results in 14.97 acre -feet of water available for augmentation, which is
<br />sufficient to cover all depletions during the months of February, March, November, and December
<br />2012.
<br />The Applicant has also obtained a lease from the Graham Drainage Ditch Company for
<br />43.4 acre -feet of fully consumable water from the Graham Seepage & Drainage Canal water right
<br />(WDID 0301321). This water right was decreed in case no. W -7818 as developed water, not
<br />tributary to the South Platte River. The Court found that 2,800 acre -feet of water was developed by
<br />the construction, development, and operation of the Graham Seepage & Drainage Canal; however,
<br />historically, only 1,330 acre -feet were consumptively used, with 1,470 acre -feet discharged as
<br />waste water to the Cache La Poudre River and its tributaries. In the decree entered in case no.
<br />W -7818, the Court indicated that it considered the Supreme Court decisions in the cases of
<br />Southeastern Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern
<br />Colorado Water Conservancy District v. Colorado -New Mexico Land Co., Inc. 187 Colo. 181, 529
<br />P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre -feet per year of
<br />consumable water. The current lease for the Graham Seepage & Drainage Canal water signed on
<br />October 28, 2011 and amended on January 24, 2012 will provide fully consumable water for the
<br />period of April 2012 through October 2012 and a copy of the lease is attached to this letter. The
<br />fully consumable portion of the water delivered is determined by multiplying measured deliveries by
<br />47.5 %. The lease amounts are for fully consumable water, therefore actual deliveries will include
<br />additional water to account for the 47.5% factor. The Graham Seep Ditch deliveries are made
<br />approximately 4.3 river miles upstream of the estimated point of depletion of the Loloff Pit,
<br />therefore a 0.25% per mile transit loss results in 42.93 acre -feet of water available for
<br />augmentation. The lease amount is sufficient to cover all depletions during the April through
<br />October 2012 timeframe.
<br />Conditions of Approval
<br />I approve the proposed substitute water supply plan in accordance with Section 37 -90-
<br />137(11), C.R.S., subject to the following conditions:
<br />1. This SWSP shall be valid for the period of January 1, 2012 through December 31, 2012,
<br />unless otherwise revoked, modified, or superseded by decree. If this plan will not be
<br />made absolute by a water court action by the plan's expiration date, a renewal request
<br />must be submitted to this office with the statutory fee (currently $257) no later than
<br />November 15, 2012.
<br />2. A well permit was obtained for the current use and exposed pond surface area of the
<br />gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit no. 74793 -F.
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