2012-05-22_HYDROLOGY - M1983193 - Laserfiche WebLink

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Jared Dains May 21, 2012 In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $86,867 provided by Pioneer's original M- 1977 -174 mining permit through the Division of Reclamation, Mining, and Safety ( "DRMS "). This bond is for reclamation requirements under the current permit but may not be sufficient for lining or backfilling the pit to ensure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit. Future SWSPs for this site will not authorize any additional use of ground water until the Applicant provides documentation that a bond sufficient to cover lining or backfilling of the pit has been obtained. Depletion Depletions from Pond #1 will result from evaporation from exposed surface area and from industrial uses for the concrete batch plant. The total annual depletions are estimated to equaJ,19 -feet and all depletions are assumed to be 100% consumptive. You have provided a rrionthly breakdown of the annual depletions made up of 2.83 acre -feet of net evaporative Toss corresponding to a water surface area of 1.07 acres and 16.48 acre -feet (13.19 acre -feet based on pumping during 2007 with a safety factor of 25 %) of water used for industrial use for the concrete batch plant. Total monthly depletions for each use will be limited to the totals provided in your Table 3. Replacement Page 2 The proposed source of replacement water for this SWSP is the Applicant's NT Arapahoe Entitlement decreed in Water Court Case No. 1984CW73. Case No. 1984CW73 quantified the amount of water underlying the applicant's land within the Arapahoe aquifer to an annual production of 9.45 acre -feet at a rate not to exceed 200 GPM. In the previous SWSP approval we indicated that only 98% of the water can be withdrawn for use under Monks' decree, and their 9.45 acre -feet will provide only 9.26 acre -feet of water. However the decree in Case No. 1984CW73 states that the 2% relinquishment requirement only applies to the water withdrawn from the Laramie -Fox Hills formation. Therefore all of the 9.45 acre -feet will be withdrawn from the Applicants NT Arapahoe Well, 26943 -F, and will be dedicated to this SWSP. Although the decree in case no. 1984CW73 allows the water to be used for augmentation purposes, the permitted use of well no. 26943 -F is for commercial purpose only, therefore on February 2, 2012, the Applicant submitted a new permit application ( #3653912) for the expansion of use of well no. 26943 -F and this application has been approved under permit no. 76030 -F. The remainder of the replacement water for this SWSP will be leased from Pioneer's NNT Arapahoe Entitlement decreed in Water Court Case No. 2002CW66. Pioneer obtained an augmentation plan where the NNT Arapahoe will provide 34.89 acre -feet, after relinquishment of 4% of the annual available appropriation, results in 33.49 acre -feet available annually. The decree provides that the groundwater decreed may be withdrawn by wells located on lands contiguous to the Subject land. Pioneer then obtained Permit No. 64792 -F pursuant to the decree to appropriate water through Well No. 26943 -F, which is located on Monks' land. Monks and Pioneer have entered into a 3 year lease where Pioneer will lease up to 12 acre -feet annually to Monks (Pioneer's Excess 12 acre - feet). Of the 12 acre -feet appropriated under Permit No. 64792 -F, 11.52 acre -feet will be available for use in this SWSP and the remaining 4% will be returned to the alluvial aquifer. The term of the lease is through March 31, 2015 and a copy of the lease is attached to this letter. The lease also states that in the future if Pioneer