2012-12-26_HYDROLOGY - M2003091 - Laserfiche WebLink

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Mr. Heintz & Ms. Wynne Duckworth SWSP December 24, 2012 Page 4 of 7 Under this SWSP MMM proposes to store the Rural Ditch water in the Heaton Reservoir. This reservoir has a conditional storage right in Case No. 01CW193 with a use, among others, of augmentation and replacement for consumptive uses at the Duckworth Pit. The Rural Ditch shares will be diverted from Boulder Creek at the Rural Ditch headgate, carried to Idaho Creek, and diverted again off the Rural Ditch lateral where it will be measured and diverted into the reservoir. The water will then be pumped from the reservoir to the river for augmentation purposes for the Duckworth Pit. All terms and conditions of the 01CW193 decree remain in place including the Rural Ditch Bypass requirements of paragraph 14 of the decree requiring MMM to not divert water through the Rural Ditch to the Heaton Reservoir if flow at the "Boulder Creek at Mouth" gage is Tess than the amount of water to be delivered to Boulder's lessees below the Rural Ditch headgate, plus 3.4 cfs. The applicant must have a carriage agreement with the Rural Ditch Company for this operation. This SWSP does not authorize alternate points of diversions for the Rural Ditch Shares, including infiltration galleries or 'headgate' wells. Storage is currently not allowed in the Heaton Reservoir as the proper measuring structures are not in place. Applicant must receive permission from the water commissioner prior to use of the reservoir. MMM South Platte Combined Replacement Plan (WDID 0202581) Credits MMM owns other gravel pits that share a combined SWSP known as the MMM South Platte Combined Replacement Plan which is located in Sections 18 and 19, Township 2 North, Range 68 West of the 6 P.M. This SWSP relies on a lease of reusable effluent from the City of Aurora to provide replacement water of up to 249 acre -feet per year and dewatering credits. Combined, the Aurora lease and dewatering credits provide replacement in excess of depletions under the South Platte Combined Replacement Plan. Aurora will make releases of reusable effluent from the Metropolitan Waste Water Treatment Plan (WDID 0200700) located in the SW % of the SW 1 /4 of Section 1, Township 3 South, Range 68W, on the South Platte River approximately 44 miles upstream from the Saint Vrain Creek confluence. Aurora effluent could be made available for replacement of depletions from the Duckworth Pit by exchanging up the Saint Vrain Creek to the location of depletions on Boulder Creek so long as exchange potential exists. Shera Summerford, District 5 Water Commissioner, expects there to be exchange potential on the Saint Vrain Creek however the Last Chance Ditch could place a call that interrupts the exchange. Additionally, the Applicant would have to obtain permission from the District 2 Water Commissioner to verify the Aurora effluent can make it past any dry up locations between Metro Sewer and the Saint Vrain Creek. Any Aurora effluent used to make replacements for the Duckworth pit will be assessed a transit loss based on 44 stream miles. Transit loss is therefore currently 22% (0.5% per mile) but is subject to change by the water commissioner or division engineer. Excess South Platte Combined Replacement Plan water cannot be used for replacement of depletions from the Duckworth Pit without prior approval from the water commissioners. Long -Term Augmentation Final reclamation at the site will consist of two unlined ground water ponds with a combined surface area of 37 acres. This will create long term injurious stream depletions if not adequately replaced. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. On December 5, 2012, DRMS received and accepted an increased bond for this site to cover the cost of lining or backfilling in accordance with options 1 and 3 of the April 2010 letter. The Duckworth Pit now has an actual