2012-11-20_HYDROLOGY - M1982131 - Laserfiche WebLink

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Mr. Jared Dains Bucklen SWSP November 20, 2012 Page 5 Bucklen Pit and the confluence with the South Platter River. Therefore as long as the South Platte River does not sweep, the Aurora lease is able to provide replacement water on behalf of the Bucklen Pit. Graham Ditch Company Bucklen Enterprises has also obtained a lease from the Graham Ditch Company for 1.1 acre -feet of replacement water from the Graham Seepage & Drainage Canal (WDID 0301321) water right. This water right was decreed in case no. W -7818 as developed water, not tributary to the South Platte River. The court found that 2,800 acre -feet of water was developed by the construction, development, and operation of the Graham Seepage & Drainage Canal; however, historically only 1,330 acre -feet were consumptively used, with 1,470 acre -feet discharged as waste water to the Cache la Poudre River and its tributaries. In the decree entered in case no. W -7818, the Court indicated that it considered the Supreme Court decisions in the cases of Southeastern Colorado Water Conservancy District et al. v. Shelton Farms and Southeastern Colorado Water Conservancy District v. Colorado -New Mexico Land Co., Inc. 187 Colo. 181, 529 P.2d 13212 (1974). Based on the above, this SWSP will only recognize 1,330 acre -feet per year of consumable water. The current lease for the Graham Seepage & Drainage Canal water, executed on September 20, 2012 is for the months of April and October 2013 and a copy is attached to this letter. Deliveries to the Cache La Poudre are measured at a flume (Graham Seep Ditch Return, WDID 0302906) located approximately 380 feet from the mouth of the ditch and are made adjacent of the estimated point of depletions from the Bucklen Pit, therefore no transit losses were assessed. Conditions of Approval hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP is approved with the effective date of November 1, 2012 and shall be valid through October 31, 2013 unless otherwise revoked or modified. 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 (currently $257) no later than September 15, 2013. 2. Well permit no. 67876 -F (as amended on February 24, 2010) was issued in accordance with §37 -90- 137(2) and (11), C.R.S., for a maximum total exposed surface water area in the pit of 17.81 acres. This permit covers a loss of 49.11 acre -feet from evaporation, 2.94 acre -feet from mined product, and 4.51 acre -feet from dust control. 3. The total surface area of the groundwater exposed at the Bucklen Pit must not exceed 12.54 acres of post -81 areas and 5.27 acres of pre -81 area, resulting in 34.6 acre -feet of evaporative loss. 4. The total amount of product mined at the Bucklen Pit shall not exceed 50,000 tons per year, which results in 0.74 acre -feet of water lost with product, and 4.51 acre -feet of water used for dust control. 5. Total consumption at this site must not exceed these aforementioned amounts unless an amendment is made to this SWSP.