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Richard T. Rains, P.H. <br />Partners Combined SWSP — Amendment #1 <br />October 1, 2012 <br />Page 3of5 <br />Nos. 1 & 2 (WDID 0302313, 0302314 respectively), or the Boxelder Sanitation District Waste <br />Water Treatment Plant (WDID 0302322). <br />All three WWTPs are located downstream of the point of depletion and thus no transit <br />loss will be applied to any releases made for this SWSP. However there are water rights <br />between the point of depletion and the WWTPs that have the potential to be injured should they <br />place a call. Therefore, the ELCO municipal return credits are not a valid replacement source <br />when an intervening water right places a call. Depending on which WWTP is supplying the <br />municipal reuse credits, the intervening water rights may include the Fort Collins Irrigation <br />Canal, Larimer and Weld Irrigation Canal, Lake Canal, Coy Ditch, Timnath Reservoir Inlet, Box <br />Elder Ditch, and the Fossil Creek Reservoir Inlet. Because of this limitation, the applicant does <br />not rely on ELCO municipal return credits in their projections, however they reserve the right to <br />use them when available and at their discretion. <br />Conditions of Approval <br />I hereby approve the amended SWSP in accordance with § 37- 90- 137(11), C.R.S., <br />subject to the following conditions: <br />1. This SWSP amendment is approved with the effective date of October 1, 2012 and <br />shall be valid through December 31, 2013. If this SWSP will not be made absolute by <br />a water court action by the SWSP expiration date, a renewal request must be <br />submitted to this office with the statutory fee of $514 ($257 x 2 DRMS permits) no later <br />than November 15, 2013. <br />2. Well permit no. 75423 -F was obtained for the Home Office Pit by Lafarge to cover their <br />use and exposed pond surface area of the gravel pit in accordance with § 37 -90- <br />137(2) and (11), C.R.S. This permit is now held by Martin Marietta Materials and <br />currently covers evaporation from the three Lamb Lakes that are the subject of this <br />SWSP. <br />3. A new well permit is required to be obtained for the Treiber Lakes now under DRMS <br />permit no M- 2011 -049 in accordance with §37 -90- 137(2) and (11), C.R.S. in <br />conjunction with this plan. The provisions of Colorado Revised Statute 37 -90- 137(2) <br />prohibits the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing may <br />be waived if you are able to obtain statements from the owners of all wells within 600 <br />feet, verifying that they have no objection to your use of the proposed well. Should a <br />new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan may be cancelled. Such a well permit <br />must be applied for by June 1, 2013 for any exposed ground water within DRMS <br />permit no. M- 2011 -049 boundary. This SWSP will not be renewed until such a well <br />permit is received. <br />4. Once Treiber A Lake is dewatered, the total surface area of the groundwater exposed <br />after December 31, 1980 must not exceed 199.68 acres, which results in an <br />evaporative loss of 286.49 acre -feet per year. Should the total consumption at the pit <br />exceed this amount prior to the expiration date of this SWSP, an amendment will need <br />to be filed with this office. <br />