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Mr. Rick Parsons, P.E. <br />L.G. Everist Combined SWSP Amendment 1 <br />Page 5 of 9 <br />May 28, 2013 <br />For times when the accretions exceed lagged dewatering and mining operation depletions, the <br />Applicant may divert and store this water into Lupton Meadows, Hill - Oakley, Fort Lupton, or Rinn Valley <br />Phase 3 Reservoirs. The Swingle North and Meadows West Reservoirs are both currently unmined. Due <br />to their respective liner leak test they are in a dewatered state. However, there still exist native trapped <br />ground water within these two liner perimeters. The Applicant has requested the ability to `book over' <br />free river water to replace the native ground water with fully consumable free river water. For this to <br />occur the Applicant must adequately document the volume of native trapped ground water within the <br />liners as well as submit, with justification, the proposed flow rate the book over will use. In any case the <br />Applicant is required to notify and get the approval of the local water commissioner prior to the booking <br />over any water or the storage of any water into these reservoirs. In all cases, water physically diverted <br />into each reservoir must be measured and recorded as well as all water pumped out of the reservoir. <br />Replacements <br />Saint Wain Creek — Rural Ditch Shares <br />L. G. Everist owns 7.4 shares of the Rural Ditch Company. Of the 7.4 shares of the Rural Ditch <br />water, 1 share will be dedicated for this plan for 2012 and 2013. The 7.4 shares of the Rural Ditch were <br />historically used to irrigate 215 acres of pasture grass, corn and alfalfa. The land historically irrigated by <br />the 7.4 shares is the same land that is currently being mined at the Rinn Valley Pit. Assuming a 10% <br />ditch loss and a 55% irrigation efficiency, the dry -year consumptive use of the 7.4 shares was <br />determined to be 337 acre -feet. The prorated consumptive use for the 1 share is 45.5 acre -feet. The <br />historical return flow obligation of the 1 Rural Ditch shares will be maintained by the plan. The Rural Ditch <br />share is delivered to Saint Vrain Creek through an augmentation station near the end of the ditch. The <br />delivery location is below the Last Chance Ditch headgate and above downstream calling water rights <br />located on the South Platte River. <br />The Rinn Valley permit area covers most of the area historically irrigated with the 7.4 Rural Ditch <br />share. This area has been designated as dry -up under this SWSP and as such additional Rural Ditch <br />shares can be used in this plan. With this Amendment the Applicant anticipates using up to 2 additional <br />Rural Ditch Shares to run into the Rinn Valley Phase 3 Reservoir. Should the need arise, the Applicant <br />will notify DWR in writing of any change in their intent to run more ditch water into the Rinn Valley Phase <br />3 Reservoir. Similar to the use of irrigation ditch credits for direct replacement, the use of irrigation ditch <br />credits in storage will include the prorated return flows as additional replacement obligations in the <br />SWSP accounting. <br />L.G. Everist has fully reusable supplies stored in the Rinn Valley Phase 3 Reservoir. A total of <br />326 acre -feet of water was stored pursuant to a pending September 30, 1987 storage right (Case No. <br />05CW315) in June and July 2011. According to 05CW315, the water in storage is available for industrial <br />and replacement purposes among other uses. This water will be pumped to Idaho Creek and delivered <br />to Saint Vrain Creek during the winter months. The applicant shall obtain prior permission from the <br />District 5 Water Commissioner when making releases from this reservoir. Credit will not be given to any <br />releases not measured to the satisfaction of the Water Commissioner or Division Engineer. <br />South Platte River— Lupton Bottom Ditch Shares <br />L. G. Everist owns 2.25 shares of the Lupton Bottom Ditch. Of the 2.25 shares of the Lupton <br />Bottom Ditch water, 1 share will be dedicated to this plan in 2012 and 2013. The 2.25 shares were <br />historically used to irrigate 95 acres of corn and small vegetables. The land historically irrigated by the <br />2.25 shares is the same land that is currently being mined at the Ft. Lupton Pit. Assuming a 10% ditch <br />loss and a 55% irrigation efficiency, the dry-year consumptive use of the 2.25 shares was determined to <br />be 138 acre -feet. The prorated consumptive use and return flows for the 1 share is shown in attached <br />Table 11. The Lupton Bottom shares will be delivered back to the South Platte River at either the <br />augmentation station located just north of WCR 14.5 or the East Lateral Ditch into Little Dry Creek. <br />