2013-01-02_HYDROLOGY - M1985112 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Loloff SWSP December 31, 2012 Page3of5 (0.25% per mile) river transit Toss will be assessed on all deliveries. During the winter it is possible for a call to be placed on the Evans Number 2 ditch for a Milton Reservoir call, or a call at the Western, either of which could potentially sweep the river. It is the Applicants responsibility to track the daily call and make arrangements as necessary to ensure this water is bypassed or otherwise delivered to the Cache la Poudre and South Platte River confluence. The District 3 Water Commissioner has confirmed there is no call in the winter for the stretch of the Cache la Poudre River between the Loloff 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 Loloff Pit. The Applicant has also obtained a lease from the Graham Drainage Ditch Company for 41.9 acre -feet of fully consumable water from the Graham Seepage & Drainage Canal water right (WDID 0301321). 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 lease for the Graham Seepage & Drainage Canal water signed on November 8, 2012 and will provide fully consumable water for the period of April 2013 through October 2013 and a copy of the lease is attached to this letter. The fully consumable portion of the water delivered is determined by multiplying measured deliveries by 47.5 %. The lease amounts are for fully consumable water, therefore actual deliveries will include additional water to account for the 47.5% factor. The Graham Seep Ditch deliveries are made approximately 4.3 river miles upstream of the estimated point of depletion of the Loloff Pit, therefore a 0.25% per mile transit loss results in 41.45 acre -feet of water available for augmentation. The lease amount is sufficient to cover all depletions during the April through October 2013 timeframe. Conditions of Approval I approve the proposed substitute water supply plan in accordance with Section 37 -90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2013 through December 31, 2013, unless otherwise revoked, modified, or superseded by decree. 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 (currently $257) no later than November 15, 2013. 2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit no. 74793 -F. 3. The total surface area of the groundwater exposed at the site must not exceed 20.2 acres, or result in an evaporative loss at the Loloff Pit greater than 54.36 acre -feet in 2013. 4. The annual amount of water used at the Loloff Pit for dust control shall not exceed 1.00 acre -feet and total product mined at the site shall not exceed 55,000 tons resulting 1.62 acre -feet of water lost with the mined aggregate.