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Sievers Pit SWSP <br />August 7, 2013 <br />Page 4 of 7 <br />replacement water from WDWCD was identified as Ruedi Reservoir, Green Mountain Reservoir, <br />Alsbury Reservoir or from other source available to the District. <br />The proposed surface water diversions from Crystal River would impact both the Crystal <br />River and the Roaring Fork River downstream of the confluence, whereas the groundwater <br />withdrawals would only impact the Roaring Fork River. Although the dry-up credits can offset <br />depletions at the Sievers Pit to both the Crystal River and the Roaring Fork River downstream of <br />the confluence, the WDWCD contract can only offset depletions on the Roaring Fork River. Table <br />3 shows the depletions and credits in the different reaches. As shown, in the water balance in <br />Column (C), the Crystal River will be adequately protected in all months except the November <br />through April period. There is one water right located in the reach of the Crystal River between <br />Sievers Pit and the confluence with the Roaring River that may be impacted during drought <br />periods. The Colorado Water Conservation Board ( "CWCB ") has an in- stream flow right on the <br />Crystal River (Case No. W -2720) from its confluence with Avalanche Creek to its confluence with <br />the Roaring Fork River for 100 cfs from May 1 through September 30 and 60 cfs from October 1 <br />through April 30. Therefore in the event a water right call is placed on the Crystal River <br />downstream of the Sievers Pit, Oldcastle must cease out -of- priority diversions from Crystal <br />River to the pond under this SWSP unless replacement water is delivered to the calling <br />reach in the amount needed to replace all out -of- priority depletions. Applicant's existing lease <br />for 29.1 acre -feet of replacement water on the WDWCD may be used to make replacements in the <br />event of a call by CWCB on the Roaring Fork River. <br />According to the decree in Case No. 83CW65, the Sievers Pit will be returned to irrigated <br />pasture when Lafarge has completed mining. The Kaiser - Sievers Ditch water will be returned to <br />irrigation and the diversion point will revert back to the diversion point, under Priority 136 in the <br />amount of 1 cfs in Civil Action No. 132, at a point on the west bank of Crystal River. <br />Note: According to the decree entered in Case No. 83CW65, the historical consumptive use <br />credit from 22.1 acres of dry-up under the Kaiser - Sievers Ditch is 32.5 acre -feet per year. The <br />32.5 acres of dry-up produces a consumptive use credit that exceeds the estimated depletions for <br />the months of April through October. The excess credits total 6.86 acre -feet for this period. <br />According to the water balance table provided for this SWSP (attached Table 3), these excess <br />consumptive use credits will now be utilized to replace the additional depletions approved under <br />this SWSP. Approval by this SWSP to use these excess consumptive use credits is limited to <br />replacing depletions resulting from the gravel pit mining operation at the Sievers Pit. Any request <br />to utilize these excess credits at a different location, or for a different purpose may require a <br />subsequent change of water right for the Kaiser - Sievers Ditch and may require a re- quantification <br />of the historical consumptive use credits. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with § 37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />