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Criteria and Guidelines were drafted, and the parties creating the Guidelines concluded that no rules regarding soil moisture were required due to the conservative nature of the LFT. <br /> Moreover, in this Pilot Project, land will only be fallowed or dry-land farmed for up to three years, rendering this term and condition even more unnecessary. <br /> [Nonetheless, Martin and Wood Water Consultants has conducted an analysis of the soil moisture issue, and determined that…. Craig?] <br /> B. LAWMA’s Position: [insert brief statement] <br />2. Whether lagged deep percolation factors should be calculated according to the Criteria and Guidelines, or according to the analysis in Case No. 12CW94. <br /> A. Applicants’ Position: Applicants believe that it is appropriate to utilize the process outlined in the Criteria and Guidelines to calculate lagged deep percolation factors. The <br /> purpose of the Criteria and Guidelines, LFT, and pilot project program in general is to streamline leasing and fallowing projects to make them less onerous and undesirable for participants. <br /> The purpose of HB 1248 pilot projects is also to test the streamlined process to determine if it is viable. In order to test this aspect, Applicants need to use the process in the <br /> Criteria and Guidelines to determine these factors. Specifically, the Criteria and Guidelines state “Section II.G. includes methodologies and approaches, assumptions, and presumptive <br /> factors that provide for a streamlined application, review, and approval of the pilot projects. The Board has adopted these methodologies, approaches, and assumptions in this Criteria <br /> and Guidelines document, with public participation, to streamline the process for pilot project application development, review, and approval. The Board’s intent is that the good faith <br /> adherence to these Criteria and Guidelines by applicants, any parties filing comments on pilot project applications, the State Engineer, and the Board will assist the Board’s approval <br /> process and will reduce or eliminate the need for appeal on the technical bases outlined in this document.” Section II.M. Unlike ditch losses, which the Criteria and Guidelines state <br /> may be obtained from a previous change case, deep percolation factors are supposed to be determined using a consistent process. See Section II.G.2.a.ii.2. <br /> B. LAWMA’s position: [insert brief statement] <br />3. Whether the Applicant should revise the URFs for the Schweizer Farm based on an alternative drain location. <br />A. Applicants’ Position: Patterson Hollow is mapped in Otero County USGS Topographic maps as going through the middle of the Schweizer Farm (the drain is channeled through a culvert <br /> under the county road). Additionally, the drain can be identified from aerials in the middle of the Schweizer Farm. The drain was also mapped as a stream crossing the Schweizer Farm <br /> in Figures 1 and 4, as well as a groundwater drain in Figure 4, of the engineering report in support of 12CW94 dated September 2, 2019. The point identified as the point of accrual <br /> on Patterson Hollow for the Schweizer Farm was identified to be consistent with the Criteria and Guidelines as extending from the centroid of the farm to a point perpendicular to the <br /> drain.