2012-10-04_HYDROLOGY - M1977439 - Laserfiche WebLink

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