2012-11-07_HYDROLOGY - M1982155 - Laserfiche WebLink

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Jared Dains Page 3 November 6, 2012 The SWSP does not allow for use of storm water that may collect in on -site pits. Storm water must be pumped out of any impoundment so it may enter the local drainage back to the stream within 72 hours. REPLACEMENTS Replacement water will be supplied by historic consumptive use credits from 20 shares of the Fountain Mutual Irrigation Company (FMIC) to Fountain Creek at FMIC's augmentation station located on Spring Creek in Colorado Springs. Replacement credits for the Fountain Mutual shares have averaged 0.7 acre -feet per share per year, representing a portion of farm headgate delivery. These share percentages have been confirmed in previous court cases, most recently Case No. 07CW51. You have estimated that the 20 shares would yield 14 acre -feet per year of replacement water, which is sufficient to cover the estimated depletions from the consumptive uses mentioned above (including the requirement to replace the gross evaporation from the storage pond). Transit losses will occur down Fountain Creek to the delivery point distance an estimated distance of 18 miles. An average transit loss of 0.25% per mile (total transit loss of 4.5 %) was estimated and assessed against the 20 shares of FMIC replacement credits, as shown in the attached Table 4. Please note that the 0.25% per mile transit Toss is only an estimate and the actual transit loss shall be determined by the Fountain Creek Transit Loss Model, as outlined in condition of approval no. 7 of this plan. In the event that accounting shows that the FMIC shares are not yielding adequate amounts for replacements, you will seek supplemental augmentation water from the City of Fountain, the Security Water District, or the Widefield Water & Sanitation District. Actual water use and depletions during the operation will be submitted to the Division Engineer and Water Commissioner on a monthly basis. CONDITIONS OF APPROVAL This substitute water supply plan is hereby approved pursuant to Section 37 -90- 137(11), C.R.S., subject to the following conditions: 1. This plan is approved with the effective date of December 1, 2012 and shall be valid through November 30, 2013 unless otherwise revoked or modified. The Applicant is hereby notified that this is the last approval under Section 37 -90- 137(11), C.R.S., since this proposed operation does not qualify for a substitute water supply plan under the provisions of Section § 37 -90- 137(11), C.R.S., and as a plan used primarily to change water rights for various uses, including dust control at an operation that does not expose ground water, this plan should be submitted for approval pursuant to Section § 37 -92 -308, C.R.S. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $300 no later than September 1, 2013. 2. Since the storage pond is not a streambed reservoir nor a gravel pit pond created as a result of "open mining ", the SEO's position is that the ET credit allowed pursuant to C.R.S. § 37 -80- 120(5) does not apply to the storage pond since it cannot be considered open mining as described in C.R.S. § 34 -32- 103(9). Accordingly, for the purposes of this SWSP, the Applicant is required to replace gross evaporation from the ground water exposed in the storage pond.