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Mr. Jared Dains <br />Bucklen SWSP <br />November 20, 2012 <br />Page 4 <br />terms and conditions decreed in case no. 1996CW658, including monthly and annual volumetric limits <br />on water deliveries and monthly return flow requirements. The decree in case no. 1996CW658 found <br />that 519.7 shares were used to irrigate 3,501 acres with an average historical consumptive use of <br />5,358 acre -feet per year, which yields an average consumptive use credit of 10.31 acre -feet per share <br />(5,358 acre- feet/519.7 shares). <br />Based on the above, the 5 shares to be used in this plan results in a consumptive use credit of <br />approximately 51 acre -feet per year (10.31 acre -feet per share x 5 shares). The Applicant owns a <br />total of six GIC shares. One of the Applicant's shares was associated with Farm W -49, which is <br />now dried up because it is part of the Bucklen Pit. The other five shares were referred to as <br />"floating shares" in case no. 1996CW658. In accordance with paragraph 19 of case no. <br />1996CW658 the lands historically irrigated by the "floating shares" are reported to have already <br />been dried up and are no longer irrigated. <br />In paragraph 6.7.4 of the decree in case no. 1996CW658, future farm headgate deliveries of <br />the 67.75 shares were limited to 1,712 acre -feet per year (25.26 acre -feet per share) and 12,631 acre - <br />feet (186.43 acre -feet per share) in any consecutive 10 year period. Deliveries of the 5 shares of GIC <br />water under this plan must comply with these limits. The historical return flows shall be maintained in <br />accordance with the return flow factors identified in case no. 1996CW658. The return flows <br />associated with the delivery of Fossil Creek Reservoir water that is attributable to the 5 GIC shares <br />shall also be maintained in accordance with the surface and subsurface factors decreed in case nos. <br />1996CW658. Pursuant to paragraph 6.7.6 of case no. 1996CW658, the subsurface component of <br />the return flow obligation will be calculated by multiplying the 5 year running average annual farm <br />headgate deliveries of GIC direct flow water and Fossil Creek Reservoir water. As WY 2009 was the <br />first year that GIC shares were used for augmentation purposes at this pit, the subsurface return flow <br />obligations will only be based on the average of WY 2009, 2010, 2011, and 2012 deliveries. The <br />estimated subsurface return flow obligations for the water year 2013 for the GIC direct deliveries <br />and Fossil Creek Reservoir deliveries are 13.71 acre -feet and 0.00 acre -feet, respectively (Table 4). <br />For projections of WY 2013 deliveries, the Applicant used a dry-year yield of 17.75 acre -feet <br />per share. This value was taken from decree 03CW348, a change case involving similar GIC <br />shares. As specified in case no. 96CW658, all deliveries of GIC water incur an immediate surface <br />return flow obligation of 23.7 %. In total, each of the five GIC shares are expected to have a net <br />credit to the river of 13.54 acre -feet before the subsurface return flow obligations are deducted. <br />City of Aurora Lease <br />During the period of November 2012 through March 2013, a lease of 19.53 acre -feet of fully <br />consumable water provided by the City of Aurora ( "Aurora ") will be used to make replacements <br />during the non - irrigation season. Aurora confirmed the daily delivery schedule via an October 30, <br />2012 letter to the Applicant's consultant (attached). The releases will be made from the Metro <br />Waste Water Reclamation Facility (WDID 0200700) located in Denver on the South Platte River <br />approximately 66 miles upstream from the Cache la Poudre confluence. Therefore a 16.5% (0.25% <br />per mile) river transit loss will be assessed on all deliveries. During the winter it is possible for a call <br />to be placed on the Evans Number 2 ditch for a Milton Reservoir call, or a call at the Western, <br />either of which could potentially sweep the river. It is the Applicants responsibility to track the daily <br />call and make arrangements as necessary to ensure this water is bypassed or otherwise delivered <br />to the Cache la Poudre and South Platte River confluence. The District 3 Water Commissioner has <br />confirmed there is no call in the winter for the stretch of the Cache la Poudre River between the <br />