Acceptance letters from the state engineer's office

(1)

STATE

OF COLORADO

Jack Odor, Manager

Groundwater Appropriators of the South Platte River Basin, Inc. P.O. Box 974

Fort Morgan, Colorado, 80701 OFFICE OF THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 131 3 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.water.state.co.us August22,2003 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer

Re: Request for Approval of a Substitute Water Supply Plan, pursuant to

§

37·92-308(3) for the Groundwater Appropriators of the South Platte River Basin.

'Dear Mr. Odor:

The State Engineer has reviewed your letter and attachments dated June 26,20031and the letter and attachments dated July 22,2003, in which you requested approval of a substitute water supply plan ("the plan") for Groundwater Appropriators of the South Platte River Basin ("GASP"), pursuant to C.R.S.

§

37-92-308(3). Pursuant to

§

37-92-308(3)(b)(IV), the State Engineer held a public hearing on August 12, 2003, to address the issues raised by your request. Notice of the hearing was distributed on July 17, 2003.

Prior to the hearing, 14 participants submitted written comments in response to the request submitted by GASP. These participants were the Henrylyn Irrigation District, the City of Brush, City of Boulder, City of Centennial, the Harmony Ditch Co., City of Greeley, City of Sterling, the Ducommun Business Trust"the Parker Water and Sanitation District, Bijou Irrigation Company, the Greeley Irrigation Co., Fort Morgan Reservoir and Irrigation Company, the Jackson Lake Reservoir and Irrigation Company and Mrs. Haller. At the hearing, GASP, the City of Boulder, the City of Centennial and the City of Sterling presented testimony through expert witnesses. The Henrylyn Irrigation District, the City of Brush, the Harmony Ditch Co., the City of Greeley, the Parker Water and Sanitation District, and the Bijou Irrigation Company appeared through counsel and made statements regarding the issues presented. The Greeley Irrigation ·Co., the Fort Morgan Reservoir and Irrigation Company, the Jackson Lake Reservoir and Irrigation Company, the Ducommun Business Trust and Mrs. Haller did not participate at the hearing.

The State Engineer has considered the evidence and testimony as well as all comments from the hearing in making a decision regarding the approval of this Plan.

1The letter was dated June 26,2003. But testimony submitted at the August 12, 2003 hearing clarified

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Jack Odor GASP SWSP

August 22, 2003

Page 2

I. THE PLAN IS APPROVED PURSUANT TO THE FOLLOWING TERMS AND CONDITIONS THAT ARE NECESSARY TO PREVENT INJURY TO OTHER WATER RIGHTS.

Pursuant to

§

37-92-308(3)(c)(III), a Substitute Water Supply Plan approved pursuant

§

37-92-308(3) shall require replacement of the following out-of-priority stream depletions that result from the pumping of wells in the plan: out-of-priority stream depletions that affect the river after October 31 , 2002, from pumping that took place after January 1, 1974, but before June 25, 2003 (the date of the request); and those out-of-priority stream depletions that will affect the river for the 18 months after the date of the request.

A. Terms and Conditions regarding past pumping depletions: GASP's plan addresses depletions that affect the river after October 31, 2002, from pumping that took place after January 1, 1974, but before June 25, 2003 (the date of the request). Section 37-92-308(3)(e) requires that every decision of the State Engineer provide a complete explanation of how all stream depletions were calculated, the location where they occur and how the replacement sources are quantified. The method by which the stream depletions were calculated is set forth in A Report to Support a Substitute Water Supply Plan Request by Groundwater Appropriators

of

the South Platte River Basin, Inc. prepared by Heath Kuntz ·,.··afld·..slJtlmttt9d..·,as·.·,part.·ofthe.request,;the."expJa,nation.of..h.ow..,strea,m,de.pletions~·were~,0'0'

calculated, the location where they occur and how the replacement sources were quantified was submitted by GASP. This information is incorporated into this letter of approval by this reference.

Before any additional pumping is allowed, past pumping depletions must be replaced.

1. Depletions created by the wells subject to this plan accruing to the stream between November 1, 2002 through June 29, 2003 impacted the filling of Empire reservoir and

Riverside reservoir under their storage rights. The Division Engineer has quantified the injury caused by such depletions to these reservoirs. The quantification is attached as SEC Table I. This table may be modified by the Division' Engineer to reflect other small well user groups who have not replaced all out-of-priority depletions during the relevant time period. Pursuant to§37-92-308(3) (c)(III), GASP may remedy these out-of-priority depletions through agreements with the Empire reservoir and Riverside reservoir owners. The

agreements remedying the injuries incurred must be submitted to the State Engineer. To the extent the parties reach an agreement to remedy the depletions with replacement water, GASP will send a copy of the agreement to all the participants listed above.

2. To address depletions caused by past pumping that accrued to the stream from June 29 to the date of this letter, GASP must replace those depletions to the calling right. To facilitate this, GASP supplied the State Engineer with a modified estimate of daily depletions by stream reach for June, 2003 through October 2004 that assumed no pumping at all. Pursuant to Section 37-92-308(3) (c)(III), this information is incorporated into SED Table II attached. This table differs from the previously submitted amended GASP Tables in that depletions are reported by reach and in the assumption that pumping would not start in August for irrigation users as assumed in amended GASP Tables. SEO Table II does not include pumping for municipal and feedlot users each month as assumed in the previously submitted amended GASP Tables. Based on this information submitted by GASP and the call record, the Division Engineer has determined which water rights on the South Platte are impacted and the amount of impact for each day beginning June 29 through June 21, 2003

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Jack Odor GASPSWSP

August 22, 2003

Page 3

(SEO Table III attached). This table may be modified during the operation of this plan. At this time the only modifications the Division Engineer is aware of may concern impacts on tributaries to the South Platte River (which will slightly reallocate and reduce impacts on the mainstem South Platte) and the actual depletions created by augmenting with the Sterling #1 wells. If this table is modified, the Division Engineer's Office will send a copy to all

participants. If replacement to the calling right is no longer possible, GASP may remedy the depletions pursuant to an agreement with the appropriate party. Any such agreements must be submitted to the State Engineer and not impact other water rights. To the extent parties reach an agreement to remedy the depletions with replacement water, GASP will send a copy of the agreement to all the participants.

3. To aaaress ce-pletlons-causec1>y'past pumping that will accrue to the stream from the date of this letter to December 31, 2004, GASP will provide replacement water to ensure the depletions are replaced according to the depletionsche~ule provided in the attached SEQ Table II.

4. Any additional replacement sources must be submitted to and approved by the State Engineer pursuant to

§

37-92-308(3)(c)(VIII) with notice given to all participants, or

§

37-92-308(7).

5. Pursuant to§37-90-308(3)(b)(1), GASP must demonstrate that all out of priority depletions anticipated for 18 months after the request will be replaced. The tables do not show that all depletions will be replaced. However, to ensure that depletions from past pumping will be replaced to the greatest extent possible, GASP must commit all additional recharge credits that may become available to the GASP due to recharge that may occur during 2003 and 2004, surface water rights, reservoir supplies and other replacement water to first replacing future depletions caused by past pumping of irrigation and augmentation wells.

B. Terms and Conditions regarding future pumping of the wells included in this request: With regard to irrigation wells included in this plan, future pumping may occur only to the extent that the replacement water provided for in this plan is in excess of the amount necessary to replace the past pumping depletions identified above. At this point there is no excess replacement water available.

1. No pumping shall occur of any well not used for augmentation included in this request unless GASP completes the following:

a. Provides replacement water beyond that water included in this request; b. Files an amendment pursuant to

§

37-92-308(3)(c)(VIII) to allow the state

Engineer to include the replacement water in this plan; and

c. The State Engineer approves the replacement water as adequate to allow pumping;

d. EXCEPT that those entities who qualify under

§

37-92-308(7) may pump water if such entities whose wells are included in this plan apply for and are granted an emergency SWSP pursuant to

§

37-92-308(7).

C. Other terms and. conditions

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Jack Odor GASPSWSP

August 22, 2003

Page 4

If a renewal of this SWSP is requested, Applicant shall apply pursuant to the provisions of C.R.S. 308(3); except that in no case shall a plan approved pursuant to C.R.S. 37-92-308(3) be renewed beyond December 31, 2005. The statutory fee of $300 will be required pursuant to C.R.S. 37-92-308(8).

2. Credit for replacement through use of surface water will only be accepted when the relevant surface water rights are in priority and when these rights are not being used for direct flow irrigation.

3. GASP must comply with all relevant terms and conditions included in the decrees for its replacement sources.

4. All diversions shall be measured in a manner acceptable to the Division Engineer. The GASP shall install and maintain such measuring devices as required by the Division Engineer for operation of this plan

5. "Direct surface supplies and reservoir supplies are limited to those in amended GASP Tables II and V and Table A 1. Direct flow amounts are limited to the historic use amounts shown in GASP Appendix C and D. Return flow replacement will be as provided in Appendix C and D. All replacement supplies must be accounted for as required by the releases, ditch losses and bypasses, return flow requirements and transit losses when appropriate. GASP shall provide accounting as required by the Division Engineer, but at least monthly.

6. The State Engineer shall curtail all diversions, the out-of-priority depletions from which are not replaced as required by the plan.

II. BASIS AND RATIONALE FOR APPROVAL

The basis and rationale for approval of the GASP plan as outlined above is as follows. The 816 wells included in the GASP plan have pumped water prior to October 31, 2002, that created out-of-priority stream depletions that have or will affect the South Platte River from October 31, 2002 to the date of this approval and those out-of-priority stream depletions will affect the river for the 18 months after the date of the request for approval of this plan by GASP. Counsel for GASP and for some of the participants at the hearing asserted that some mechanism was necessary to allow and to require that GASP remedy these continuing out-of-priority depletions. The State Engineer agrees. As GASP demonstrated through its testimony and submittal, GASP has some replacement water available to it. To provide as much protection as possible to the senior water right users, the State Engineer finds it necessary to approve a plan in order to allow the use of the replacement water to alleviate injury caused by past pumping depletions. Denial of the plan would create greater injury to senior water right user than conditional approval of this plan.

Further, at the hearing, GASP and other participants made clear that GASP does not have enough replacement water available in time, location and amount to allow future pumping of the irrigation wells included in their plan. However, GASP testified through-;- Heath Kuntz and Jack Odor that it would pursue more replacement water to allow such future pumping if a plan were approved. Thus, this approval, with the above described terms and conditions,

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Jack Odor GASP SWSP

August 22, 2003

PageS

sets forth the necessary mechanism by which GASP will replace the existing out-of-priority depletions caused by past pumping and allows GASP to amend the plan if it can provide appropriate replacement water to allow future pumping of the relevant wells. Compliance with the above terms and conditions may enable the State Engineer to approve future pumping of the irrigation wells.

The State Engineer recognizes that a few of the wells included in the GASP plan are for year round uses and that denial of such use may constitute a public health and safety emergency.

For example, several of the wells provide potable water to schools and small communities or to large stock operations. For these wells, the State Engineer finds that GASP may acquire replacement water and seek an expedited and emergency approval for their use pursuant to § 37-92-308(7).

III. CONSIDERATION GIVEN TO WRITTEN COMMENTS FILED BY OTHER PARTICIPANTS

To the extent that comments filed by other participants are not addressed above, the

following is a summary of comments that were submitted by the aforementioned participants ...~c,.andthe.cQnsld,e.ratiQr:l glve5njhem.. asrequlre.d.:.bYc.3Z~92~308(3)(eJ•..Thissu.m.mary,is,.a-,.c.. .

consolidation of the comments and the concerns listed are not attributed to any particular party in this document. These comments are taken from the comment responses submitted, the position statements from the participants, and statements given during the hearing. A. Notice: An initial issue raised by some participants concerned the letter and attachments submitted to State Engineer's Office on July 22, 2003. The participants asserted that the letter constituted an amendment of the initial re'quest and thus, 30 days must be given for subsequent comments pursuant to

§

37-92-308(3)(c)(VIII). Two participants asserted they had not received appropriate notice of the letter. Based upon the evidence in the record, the State Engineer found that the letter was not an amendment pursuant to §

37-92-308(3)(c)(VIII), but a clarification of information regarding one of the replacement water supplies and thus could be heard as part of the initial plan. With regards to the receipt of notice, one of the participant's clients was on the notification list and the other had, in fact, received the information on the same day as everyone else, so was not prejudiced by the fact that the party was not sent the information directly by GASP.

B. Authority: Several participants raised the question of whether Mr. Jack Odor was vested with the authority required by

§

37-92-308(3). Section 37-92-308(3)(b)(1) requires the written request to be signed by a person with legal authority to represent all of the owners of the wells subject to the request. Mr. Odor testified that GASP had sent to all well owners a form with which to grant such authority to GASP and that all of the well owners of wells included in this request had signed and returned the form to GASP. Further, Mr. Odor testified that the GASP board passed a resolution authorizing him to make the request on behalf of GASP and the relevant well owners. No participant provided any evidence to contradict this testimony orany evidence to suggest that the authority was not given. Thus, the State Engineer finds that Mr. Odor has authority to represent GASP members whose wells were included in the request.

C.Acknowledgments: Several participants raised the question of whether GASP members made the acknowledgements required by § 37-92-308(3). Section 37-92-308(3)(b)(1)

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Jack Odor

GASP SVVSP

August 22, 2003'

Page 6

requires the written request to contain acknowledgements that operation of all the wells in the SWSP shall cease no later than December 31,2005 and that the wells shall be included in an application for approval of a plan for augmentation filed in water court no later than December 31,2005. GASP submitted an example of the previously mentioned forms sent out to and signed by the owners of the wells included in the request. The forms included the necessary acknowledgments. Further Mr. Odor testified that the well owners had made the necessary acknowledgments. No participant provided any evidence to contradict this testimony or evidence to demonstrate that the acknowledgements were not appropriate. Thus, the State Engineer finds that GASP complied with §37-92-308(3)(b)(1).

D. Prior participation in a SWSP and/or an augmentation well: A participant claimed that the wells subject to this request were not previously subject to a SWSP and/or are not augmentation wells as required by section 37-92-308(3)(b)(1). A participant also claimed the request failed to state which well-owners are GASP members. No evidence of either claim was offered at the hearing. However, the testimony provided by GASP was that all of the users of wells under the request had a contract with GASP and thus were members.

F. Replacement supplies: Participants claimed the replacement supplies are insufficient to replace depletions from GASP's wells. In support of this claim they asserted that not all

····,··"~strea.m..,,,reach,es,C<aread,dresse,d.;·,·in,.tt:le...,reacl:les...,ad.d,ressed,.th,e·,dep,letions.ar:e·...In-exce-ss of accretions every month; the request failed to provide the details of time, location, and

amount of replacement water available; and that there are reaches for which no replacement supplies exist, although there are GASP member wells in these reaches; that GASP failed to address transit losses or return flow obligations of replacement water and failed to provide any historic consumptive use analysis for replacement sources not decreed for

augmentation. Thus, they assert that the State Engineer does not have the basis to conclude the replacement supplies are sufficient. The State Engineer does not determine that the replacement supplies were sufficient and addressed the deficiencies caused by lack of replacement water through the above listed terms and conditions.

F.1. Augmentation Wells: Participants asserted that GASP must replace depletions caused by use of augmentation wells and must provide the identity, priority, location, and amount of such replacement sources, including both accretions and depletions attributable to the Sterling No. 1 wells. Participants asserted that the use of augmentation wells is inadequate in the long term and that the location of augmentation wells is insufficient to address upstream out-of-priority depletions. Participants assert that the plan does not specifically address replacement for future depletions resulting from the use of these wells. The plan, in fact, sets forth an estimate of the depletions from the use of the Sterling #1 wells through December 2004. (GASP Amended Table IV). Additional augmentation wells may only be used as part of an amendment of this plan at which point such depletions will be considered.

F.2.Surface water rights as replacement supply: Participants asserted that GASP failed to provide any historic consumptive use analysis to ensure the surface water rights are not expanded to the detriment of other water users nor was an analysis of the yield of the surface and reservoir rights provided. Participants requested that GASP be required to provide the calculations of the historical diversions and return flows, including ditch seepage losses, attributable to existing surface water rights that have not been decreed for

augmentation use. Participants further requested a term and condition limiting credit for replacement by the surface water rights to when surface rights are in priority and when

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Jack Odor GASP SWSP

August 22, 2003

Page 7

surface rights are not being used for direct flow irrigation. The State Engineer notes that as required by 37-92-308 (3) (c) (IV), a calculation of the historical diversions and return flows including the ditch seepage losses attributable to such rights is contained in Appendix C and D for the surface water sources not decreed for augmentation used in amended GASP Tables II and V and Table A1. The sources listed in amended GASP Tables II and Vand Table A 1 are the only surface flow sources that may be used under this plan except for the possible exchange of Riverside Reservoir and Land Company ("Riverside") private rights for Riverside recharge credits as discussed in the request. The request indicates the presumed amount of on-farm consumptive use from irrigation water for these sources is not more than fifty percent as also required by§37-92-304(3)(IV). To help ensure there is not expanded use, the monthly credits for direct flow sources shall be those provided which the GASP request states are based on historical use. Prior to future approval, the State Engineer 'will require greater detail concerning the basis of the subject calculations. The State Engineer has included terms and conditions that address credit for replacement through use of surface water and accounting of such rights.

F.3. Recharge replacement rights: Participants asserted that GASP failed to provide enough information regarding claimed recharge water during 2003 and 2004 and did not explain when the recharge will occur. GASP submitted a table that sets forth the excess -,,-JecbarQ"e.,.o,cre,d,its,.und.ec,lhe.cRbt.ersld.e.,.h:rigati.o,rl.systerltfartb,e,,,whJter of,2.0.03.. s.h.own..Jn~.·.~·· ~.·.·.

Appendix D. All this recharge occurred upstream of both Prewitt and North Sterling inlet ditches, two of the main calling rights during the 2002-2003 storage season. A call existed downstream of the credits during the summer of 2003. No excess credits are projected after July, 2003.

F.4.Additional sources: Participants asserted that merely stating that "additional supplies are being located" is inadequate and that GASP fails to adequately describe when or from where it'will obtain additional replacement water. The terms a'nd conditions above address the use of additional replacement water supplies.

G.Depletions: Participants asserted that the GASP plan failed to replace all out-of-priority depletions including those caused by the use of augmentation wells and failed to provide any information regarding depletions after October 2003. Participants asserted that the stream depletion analysis is inadequate as, in part, they cannot determine which portion of the projected depletions are from past pumping and which portion is projected from future pumping. To the extent depletions from past pumping are in the river system, this approval addresses these deficiencies through the terms and conditions

G.1. Past pumping depletions beyond December 31,2005: Participants asserted that any approval should include a term that requires replacement of depletions beyond December 31, 2005 for all GASP wells (regardless of whether they've received approval of augmentation plan) and should require GASP to compensate injured water right owners if GASP is unable to make replacements after December 31,2005. Pursuant to§ 37-92-308(3), the well owners are required address depletions up to 18 months from the date of the request. The request comports with the statute.

G.2. Past pumping depletions accruing to the river November,2002to June 2003: Participants' comments regarding compensation for unfilled space in reservoirs due to unreplaced depletions have been addressed by the terms and conditions above.

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Jack Odor GASPSWSP

August 22, 2003

Page 8

G.3. Future winter depletions: Participants asserted that the information submitted by GASP demonstrates that well depletions and historical return fiow requirements will not be fully made up during the fall and winter season of 03-04. Further, they assert that GASP cannot depend on a "no-call" situation in the winter and that if out-of-priority depletions from the wells are not fully augmented during the winter, regardless of whether a formal callis being made, the duration of calls by downstream senior water rights may be increased,. which could reduce the legal supply available to upstream junior water rights. Participants also assert that GASP's "wait and see" approach is inadequate to prevent injury; for example, if GASP is allowed to determine if the reservoirs fill before replacing the out-of-priority depletions, GASP may find itself in the position of trying to find replacement water in the drought years when replacement is hardest to obtain. The State Engineer understands these concerns and notes that at this time GASP will have to replace depletions in the winter if necessary. In the interim, no additional pumping is allowed except as allowed under

§

37-92-308(7).

G.4. Depletions to tributaries: A few participants expressed concern over the fact that several GASP member wells are located on tributaries to the South Platte River and since there are no replacement supplies on these tributaries, GASP is unable to replace upstream of such depletions. The State Engineer understands these concerns and notes ..c~that ·at~tt'listi.meGASPwUI ..ha,ve,eto,..replace,depletions.that.aftectwate-r"rig.htsJn:tri·b.utary,..···

basins. In the interim, no additional pumping along these tributaries is approved except as may be allowed under

§

37-92-308(7).

H. Accounting, management and administration: Participants requested numerous terms and conditions regarding accounting, management and administration of the plan. The State Engineer has included terms and conditions regarding necessary accounting and will consider the requests concerning management and administration.

I. Enforcement: Participants asserted that any approval should include a procedure for curtailment of wells whose out-of-priority depletions are not replaced. Such a procedure already exists and is set forth in C~R.S.

§

37-92-503.

J.

Compact compliance: A participant asserted that GASP failed to provide sufficient information to insure compact compliance and that the plan provides no protection for the wells in the plan from senior water rights or from the South Platte Compact obligations. However, the compact operates within a specific time period. During that period, from April 1 through October 15, depletions are required to be repl'aced within the compact reach. Through the plan period, GASP has shown it can replace depletions downstream of the MorganlWashington county line when the compact is operational.

K. Attorneys Fees: One participant requested attorneys fees and costs. The State Engineer does not have the authority to assess attorneys fees and costs and thus does not consider the merits of this request.

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Jack Odor GASPSWSP

August 22, 2003

The decision of the state engineer shall not create any presumptions, shift the burden of proof, or serve as a defense in any legal action that may be initiated concerning this

substitute water supply plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan. Any appeal of this decision made by the state engineer concerning this substitute water supply plan pursuant to 37-92-308(3) shall be to the Division 1 water judge within thirty days of the date of this decision.

Sincerely,

0 ~2J.~

(

Hal D. Simpson

G--State Engineer

cc: Jim Hall, Division Engineer Parties of Record

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SEO Table 1: Winter Well Pumping Impacts to Empire and Riverside

Reservoir

Reservoir Impact (AF) Percentage of Impact to Impact to Impact Empire (AF) Riverside (AF) Empire Shortage when direct call occurred -4600

Clear Creek out-of-priority release 48

Park Hill replacement 79

Modified Empire Shortage -4473

Riverside Shortage -1149

GASP Depletion -16410 54.5 -2436.1 -625.8

SPWUA Depletion -2954 9.8 -438.6 -112.7

Central Depletion -10766 35.7 -1598.3 -410.6

Total -30130 -4473.0 -1149.0

These are tentative numbers based ~n accou~tingprovided by the associated~rganizations. The estimates for """,·d,ep,l,etiGRs,t,,,,sto,ra,ge,,,a-re·highasa·,dlrect,flow",caU·,)ccu,r:r~g'LJune",2Q", 2cOQ3r,bbJtare·,cIQse,·en()y,gh,,,te~·deterFrline, '

percentage depletion by each·organization. In addition, these numbers may be modified for other groups ,who "have applied fQr Substitute Supply ,Plans (SSP's), but may 'not have augmented ,adequately during.the '20P2-'

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STATE

OF COLORADO

OFFICE OF THE STATE ENGINEER

Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.water.state.co.us

Mr. Jack Odor, P.E. Manager GASP P.O. Box 974 Fort Morgan, CO 80701 March 7, 2003 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, RE. State Engineer

Re: Emergency Substitute Water Supply Plan Dear Mr. Odor:

We have reviewed your request for an emergency substitute water supply plan (SWSP)n The request is made pursuant to C.R.S. 37-92-308(7). The nature of the

emergency is that there are numerous wells providing water for drinking, fire protection, or livestock in a feedlot or dairy operation that require replacement water to operate.

According to Commissioner of Agriculture Don Ament, the threat to livestock in feedlots does indeed pose a potential'healththreatto thepopulace'adjacent to these feedlot or dairy operations. These wellsarelisted,inyour letb:ir;which 'isattachedas Exhibit

A.

'The $300 fee was submitted with that letter. ." "." "", ,

The SWSP request" identifies the' 52 'individual wells that are subject of the plan and their depletions for the months of November 2002 through March 2003. This emergency substitute water supply plan will provide replacement water for those depletions through March 31,2003. The depletions for the wells total 262.54 acre-feet. The wells are being covered with 427 acre-feet of water from an agreement between Excel Energy and GASP. A copy of that agreement has been submitted to our division office. The 262.54 acre-feet of depletions is being replaced from the 427 acre-feet of total water acquired.

This substitute water supply plan is hereby approved pursuant to Section 37-92-308(7), C.R.S., subject to the following conditions:

1. This plan will be administered by the Acting Division Engineer, Jim Hall, along with the water commissioner in each well's respective water district. Ensure all required accounting is forwarded promptly to enable the administration of replacement water associated with the operation of this plan.

,2.

Approval of thispla'n is for the purposes stated herein. Any additional uses for which the water may be used must first be approved" by ·'this office. "The replacement water, which is the subject of thisplari,;carlnot 'besoldorleased to 'any other entityduring'fhe"

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Mr. Jack Odor, P.E. 03/07/03

Page 2

3. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has occurred or will occur as a result of the operation of this plan.

4. Acceptance of these conditions shall be assumed unless a letter to the contrary is received by this office or the Division Engineer within two weeks after receipt of this letter.

5. In accordance with amendments to Section 28-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall

determine whether or not the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data may be requested at any time to determine if the water quality is appropriate for downstream water users.

6. The amount of water to be appropriated by each well is limited to that amount as determined by the division engineer in order to be consistent with the depletions identified for each well in the attached Exhibit A.

Should you have any questions or comments, please contact Kevin Rein of this office or Jim Hall, Acting Division Engineer, in Greeley at 970-352-8712.

Sincerely,

l~tJ·t~

Kenneth W. Knox

Chief Deputy State Engineer

cc: Jim Hall, Acting Division Engineer

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Groundwater Apprbp'riatorsof the

South Platte River Basin Inc'.

p,'o,B~x974'· 219 E.Railro~d Ave. Fort

rvi

organ, Colorado 80701

970-867-5298

February 24, 2003

Dear.Mr. Hall,

This letter serves as application for an Emergency Sub'stitute Stipply plall for. Groundwater Appropriators of the South Platte River BasinTI1C. (GASP).· The plall

include,s sev~ral m~mbers,that are in good.standing,with GASP

an4

are currentlY' . operatillg their wells for 'domestic, feedlot, or £tre suppressioll' purposes. The wells are .being

co~vered

with

42'7acre feet of\'vater ,from tIle attached agreeme11t betwe'ell Xcel " Energy andGASP~ The wells are listed by pennit nunlber and depletiolls by montll alld total winte_f time C:N"ovetnber 2002 - March200~)acre. feet usage listed after eacll penllit number. Some<?fthes~,cl:lstomers have

mote

"'Tells than listed here; however, these \veIls are 'the only~onescurrently nmning during the winter months. . .

Name Reg. No. Nov Dec Jan Feb Mar Total AF Beutler Bros. & Cervi Rodeo Co. : .,' RD 1~5' _10.4 ₁_~42

_'

0.0.3 5.54 9.71 27.09 Beutler" Bros. & Cervi Rodeo Co. RD 335 0.18 0.19 0.19 0.17 0.18 0.91' . . l?eutler Bros. & Cervi RodeoCo. R 12187 0.54 ' 0.56 0.56 0.50 0.56 '2~72

"Buffalo' Creek Water District BPA-l 0.52 0.55 0.56 0.50 0.55 2.68 Buffalo Creek Water District BPA-4 0.39' Q.39 0.39 0.35 0.38 1.90 Colorado Golf and Turf NOT REG 0.1.3 0.14 0.14 0.12 0.14 0.67,

Jim Curtis 1-12862-R 0.06 0.07 0.07 0.06 0.07' 0.33 David HU,nt 0668 1.25 1.35 1.41 1.31 1.50 6.82-Doty Donald L ..Fami~yTrust 14163 1.83 1.87 1.8S 1.66 1.82 9.03

ED:glish Feedlot 3, LLC 10329 1.52 1.58 1.58 1.43 1.60 7.71'

English Feedlot 3,L~C 17509-R 1.52 1.58 1:58 1.43 1.60 7.71 English Feedlot 3, LLC 55273~F 1.11 1.18 1.21 1.11 1.27 . 5.8&

H~a:ic~ Farms, Inc. 056044-F 0.16 0.22 0.27 0.29 0.38 1.32 .Log'Lane Village 2773 FR 1.53 2~02 2.13 1.96 2.34 9.98e

. Log Lane Village R-14875RF· 7.03· 5.85 5.01 4.19 4.49 26.57 Pagel's Trailer Park 25371f' 1.23 1.26 1.24 1.09 1.17 5.99·

Pagel's Trailer Park NOT REG 1.20 1.23 1~20 1.06 1.13 5.82 i·

'Pinneo Feedlot, LLC 10330 F 1:.77 1.97 2~10 2.00 2.32

_1~i1~ice

D

507290

Pinneo Feedlot, ~LC 10S38 2.85 3.05 3'.14 2.90 3.29

15'~f3/2003'

_--

_{3:48:86 PM}

. Pinneo Feedlot, LLC 10539 2'.83 3.02 3~11 ·2.88 3.27' _{15Cishier ID: 01}

Pimleo FeedJot, LLC 10540 2.83;: 3.02' 3~12 2.88 3.21 1s1~a0.00 Rentoc Water Supply Rentoc 0.04 0.04' , 0.04 0.03 0.04

_~~~Ck

Purchase- ti3&37

,Republic Paperboard Co. LLC ·7183 1.60 1.60 1.57 1.41 1.56 .74 . Republic Paperboard Co. ,LLC 8813-F . 1.60 1.60 1.57 1.41 1.55 7.73 '

: Republic Paperboard Co. LLC 8814-F 1.94 1.94 1.90 1.70 1.88 9.36 ·Rick Weber 015134 0.09 0.1 ·0.11 0.11 0.12 0.53 Rick Weber ' 31792 0.09 0.1 0.11 0.11 0.12 0.53 Rick Weber 33937 0.09 0.1 0.11 0.11 0.12 0.53

(16)

'" .

Nan1e Re2:.No. l~ov Dec Jan Feb Mar Total AF Rick Vleber 9107 . 0.09 0.1 0.11 0.11 0.12 0.53 Rick Weber Non Reg 0.09 0.1 0.11 0.11 . 0.12 0.53 Teague Enterprises LLC 13742F 0.31 0.33 0.34 0.31 0.36 1.65 Teague Enterprises LLC/' 16534RF 0.24 0.25' 0.25 0.23 0.26 1.23 Teague Enterprises~LC 22613RF 0.71 0.75 0.77 0.71 0.80 3.74 Teague Enterprises LLC 27011 0.27 0.28 0.29 0.26 0.30 1.40 Te.ague Enterprises LLC 27012 0.27 0.28 '0.29 0.26 0.30. 1.40 Teague Enterprises LLC 2861~ 0.33 '0.34 0.35 0.32 0.36 1.70 Teague Enterprises LLC 47438 0.24 0.25 0.25 0.23 0.25 1.22 TeagueE~nterprisesLLC 25782RF 0.55 0.59 0.60 0.56 0.64 2.94 Teague Enterprises LLC 25783RF 0.06 0..07 0.08 0.07 0.09 0.37 Teague Enterprises LLC 49010 0.27 0.28, 0.29 0.26 0.29 1.39 Teague Enterprises LLC 67535 0.03 0.04 0.04 0.04 0.04 0.19 Teague Enterprises LLC Non.:.Reg 0.02 0.02 0.02 0.02 0'.02 0.10 Teague Enterprises LLC 13944F 0.26 0.27 0.28 0.2,5 0.28 1.34 Teague Enterprises LLC 13945,F 0.40 0.42 0.43 0.40' 0.45' 2.1,0 Teague -Enterprises 'LJ;.,C -19170RF .q.06. 0.06 0.07 '0.06 0.07 0.32 Three-T Cattle 4-15098F 0.54 0.59 0.63 0.59 0.69 , 3.04

To~'l1of Hillrose .o18543F 0.72 ' 0.77 0~83 0.78 0.91 4.01

TownofNuIm R13109R 0.46 0.46 0.45 0.40 0.43· 2.20

ToV\'!1 of Pierce 14944 2.62 2.64 2.55· 2.22 2.37 12.40 Town of Pierce . 12685-F 0;04 0'.04 0.04 -0.03 0.04 0.19 WeldCo~RB-l0J. .049999 0.07 0.07 0.07 0.06 0;07 0;34 Wright Investment Group, Inc. 03250F 3.51 2.93 2.47 1.96 1.98 12.85 TOTAL 262.541

The total of 262.54 acre feet of cOlnputeci depletiollS to the South

Platte

River is being replacedfron1tlle

427

'acre feet oftatal water acquired. The

164.46"

acre feet of remaini11g ,vater

is going to

be-reserved

for GASP

111embers that are pot

knovvn

at this time

to

be operating but

iffoUl1d

V\r-ould

need a portion

of

this water to continue. Any water left011March.~1, 2003 will be applied to tIle general melnbership cal~ulatedwinter

depletions. Amendments to this En1ergency Plan will be supplied to you111 a tin1ely

fashion if they are necessary.

Sincerel~y,

I i

@Iff

/~

J~cYOdor, P.E.

Manager

GASP

cc: Hal Silnpson

(17)

STATE

OF COLORADO

Division of Water Resources Department of Natural Resources

131 3 Sherman Street, Room 81 8 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589

http://water.state.co.us/default.htm

Mr. Jack Odor, Manager

GASP, Inc.

P.O. Box 974

Fort Morgan, CO 80701

July 23,2002

GovernorBill Owens

Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engi neer

Re:

2002 Substitute WaterSuppiy Pian for the Groundwater

Appropriators of the South Platte, Inc.

Water Division 1

Dear Mr. Odor:

We have reviewed your April 15, 2002 letter request for renewal to the

existing substitute water supply plan and your July 2, 2002 supplemental water

replacement source submittal data. The intent of the GASP plan is to release

replacement water to the South Platte River system to replace out of priority

diversions resulting from the pumping of 2,933 member wells. The 2002

operations update summary lists 71,102.88 acre-feet of replacement water

available this irrigation season to offset out of priority depletions associated with

the diversion of about 248,000 acre-feet of gross pumpage. We note that

replacement requirements are based upon projections of past data.

We encourage GASP to continue its efforts to refine its plan to provide

additional dependable replacement water, both in amount and timing, for all its

member wells. The continued cooperation with the Division office and

responsible water commissioners assists in the administration of this complex

substitute water supply plan. We have been informed that GASP is increasing its

reliance on recharge facilities as a dependable replacement mechanism.

This substitute water supply plan is hereby approved pursuant to Section

37-92-308, C.R.S., subject to the following conditions:

1. GASP must provide adequate water to replace all out-of-priority

depletions created by member wells. For determining credits for replacement

sources, you shall use the criteria found in the proposed Amended Rules and

Regulations for the South Platte River basin that were recently submitted to the

Water Court.

(18)

Mr. Jack Odor, Manager

7/23/2002

Page 2

2. The replacement water, which is the subject of this plan, cannot be sold or

leased to any other entity during the term of this approval.

3. Acceptance of these conditions will be assumed, unless a letter to the

contrary is received by this office, within two weeks after receipt of this approval.

This substitute water supply plan maybe revoked at any time should it be

determined that injury to other vested water rights has or will occur as a result of

the operation of this plan.

4. This plan shall be valid through December 31, 2002 unless revoked or

modified.

5. GASP is encouraged to continue purchasing additional senior water rights

for replacement purposes. This office prefers permanent water supplies versus

leased water, but also understands that the market for permanent supplies is

fairly high and that leased water may be the only option in most cases.

6. In accordance with amendments to 25-8-202(7), C.R.S., and "Senate Bill

89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer

shall determine whether the substitute supply is of a quality to meet requirements

of use to senior appropriators. As such, water quality data or analysis may be

required at any time to determine if the water quality is appropriate for

downstream water users.

Please contact myself or Dick Stenzel, Division Engineer at your

convenience, on any matter concerning this substitute water supply plan.

Sincerely,

!~.~

Kenneth W. Knox

Assistant State Engineer

cc:

Richard Stenzel, Division Engineer

J.T. Hanrahan, Water Commissioner

(19)

STATE

OF COLORADO

Mr. Jack Odor, Manager

GASP, Inc.

P.O. Box 974

Fort Morgan, CO 80701

July 29, 2002

Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer

Re:

2002 Amended Substitute Water Supply Plan for the

Groundwater Appropriators of the South Platte, Inc.

Water Division 1

Dear Mr. Odor:

On July 23, 2002, this office approved the above referenced substitute

water supply plan. The extension to GASP's plan was approved pursuant to

Section 37-92-308(3), C.R.S., subject to six (6) terms and conditions of approval.

By this letter, approval condition number 2 is hereby modified as follows:

"The replacement water, which is the subject of this plan, cannot be sold or

leased to any other entity during the term of this approval without prior approval

of the Division Engineer."

All other terms and conditions of the approval letter dated July 23, 2002

remain unchanged.

Sincerely,

Kenneth W. Knox

Assistant State Engineer

Cc:

Richard Stenzel, Division Engineer

(20)

STATE

OF COLOMDO

131 3 Sherman Street, Room 818 Denver,Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589

Mr. Jack Odor, Manager

GASP, Inc.

P.O. Box 974

Fort Morgan, CO 80701

July 19, 2001

Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engi neer

Re:

200112002

Substitute Water Supply Plan for the Groundwater

Appropriators of the South Platte, Inc.

Water Division 1

Dear Mr. Odor:

We have reviewed your April 15, 2001 letter request for renewal to the

existing substitute water supply plan and your June 21, 2001 supplemental water

replacement source submittal data. The plan was discussed in detail during a

meeting at the Greeley Division Engineer's office on May 23,2001 between

members of your organization and my Division and Denver staff engineers.

The intent of the GASP plan is to release replacement water to the South

Platte River system to replace out-of-priority diversions resulting from the

pumping of 2,976 member wells. The 2001 operations update summary (revised

on June 20,2001) lists 87,203.95 acre-feet of replacement water available this

irrigation season to offset out-of-priority diversions associated with the diversion

of about 230,000 acre-feet of gross pumpage. We note that replacement

requirements are based upon projections of past data.

As Mr. Richard Stenzel, Division 1 Engineer, emphasized during the May

23, 2001 meeting, GASP is encouraged to continue it's efforts to refine its plan to

provide additional dependable replacement water, both in amount and timing, for

all its member wells. The continued cooperation with the Division office and

responsible water commissioners assists in the administration of this complex

substitute water supply plan. In addition to supplies that historically provide water

for GASP, we are aware there are numerous new and enlarged recharge

facilities to provide replacement of depletions. As apart of its plan this year,

GASP is also purchasing significant new reusable supplies from the City of

Aurora and Coors. It is our understanding that GASP should be able to replace

all depletions this year.

(21)

Mr. Jack Odor

July 19, 2001

Page 2

GASP has significantly improved its estimates of depletions and accounting for

credits. GASP is strongly encouraged to continue its current effort to improve

the determination of the amount and location of depletions from member wells in

addition to timed replacement water deliveries.

This substitute water supply plan is hereby approved pursuant to Section

37-80-120, C.R.S., (1991 Repl. Vol.), subject to the following conditions:

1. GASP must provide adequate water to replace all depletions created by

member wells. Unless otherwise recognized by our office, direct flow sources

are to be credited at 500/0 of the total annual delivery in lieu of a decreed

replacement use. Reservoir sources are credited at 600/0 of the total annual

delivery in lieu of a decreed replacement use. All reusable effluent sources are

credited at 1000/0 of delivery. Reporting of this plan will be conducted on a

monthly basis. The plan will be administered on a daily basis. For those wells

identified to be used for replacement purposes, they shall have meters and

adequate meter readings shall be made as directed by the Water Commissioner

and forwarded to the Division Engineer and/or Water Commissioner upon their

request.

2. This approval specifically allows the use of the Beaver well (55669-F) and

LSPWAE well no. 2 (56046-F) as replacement sources for this plan. In addition,

our office approves the use of the following additional wells for replacement

purposes this year once new permits are applied for and issued for these wells

(Blixt Well (Case No. W-5015, Permit No. 185), Zorn Well (Case No. W-6832,

Permit No. 4487F), Kotney well (Case No. W-2492, Permit No. 6609F), Parker

well (Case No. W-5175, Permit No. 14157), Walter Well (Case No. W-2475,

Permit No. 10824), and Cortez well (Case No. W3745, Permit No. 4492). It is

understood that the permit application for these wells may come from the South

Platte Lower River Group. These wells are located over 600 feet from any

existing wells. The wells are located away from the river and have SDF's

between 610 days and 1210 days. Thus, pumping of these wells will have a

delayed depletive impact to the South Platte River while allowing for immediate

replacement of depletions by pumping water to the river.

GASP is responsible

for providing replacement of out-of-priority depletive effects of these wells when

the wells are used as an augmentation source. GASP is also responsible for

providing adequate measurement and accounting for the pumping of the wells.

Each of these wells shall be limited to a pumping rate of 2500 gpm and 2500

acre-feet for replacement purposes.

(22)

Mr. Jack Odor

July 19, 2001

Page 3

3. During the years 1973, 1975, 1979, 1984 and 1992, GASP submitted

plans for the State Engineers approval. Even though there was never a letter

from the State Engineers office that gave our approval of those plans, we did use

the plans as submitted and the water supplies provided to replace depletions

associated with GASP member wells. This office always considered the plan to

be operating and approved throughout those years.

4. This substitute water supply plan maybe revoked at any time should it be

determined that injury to other vested water rights has or will occur as a result of

the operation of this plan.

5. This plan shall be valid through April 15, 2002 unless revoked or modified.

6. Because the runoff predictions for 2001 are well below average for the

South Platte River basin, which could result in a longer period of call,1 expect

GASP to implement its drought plan when replacement sources are exhausted.

7. In accordance with amendments to 25-8-202(7), C.R.S., and "Senate Bill

89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer

shall determine whether the substitute supply is of a quality to meet requirements

of use to senior appropriators. As such, water quality data or analysis may be

required at any time to determine if the water quality is appropriate for

downstream water users.

8. This office shall be given a 30-day notice for renewal prior to the

expiration of this approval.

Please contact Jim Hall, Assistant Division Engineer or me at your

convenience, on any matter concerning this substitute water supply plan.

Sincerely,

~4~

L

Hal D. Simpson

J

'State Engineer

cc:

Richard Stenzel, Division Engineer

Mae Cunning, J.T. Hanrahan, Water Commissioners

(23)

STATE OF COLORADO

Mr. Jack Odor, Manager GASP, Inc. P.O. Box 974 Fort Morgan, CO 80701 June 29, 2000 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engi neer

Re: 2000/2001 Substitute Water Supply Plan for the Groundwater Appropriators of the South Platte, Inc.

Water Division 1 Dear Mr. Odor:

We have reviewed your April 15, 2000 letter request for renewal to the existing substitute water suppfy plan. The plan was discussed in detail during a meeting at the Greeley Division Engineer's office on June 12, 2000 between members of your organization and my Division and Denver staff engineers.

The intent of the GASP plan is to release replacement water to the South Platte River system to replace out of priority diversions resulting from the pumping of 2,955 member wells. The 2000 operations update summary lists 90,942.15 acre-feet of replacement water available this irrigation

season to offset out of priority diversions associated with the diversion of about 230,000 acre-feet of gross pumpage. We note that replacement requirements are based upon projections of past data.

As Mr. Richard Stenzel empha-sized during the June 12th meeting, GASP is encouraged to continue it's efforts to refine its plan to provide additional dependable replacement water, both in amount and timing, for all its member wells. The continued cooperation with the Division office and responsible water commissioners assists in the administration of this complex substitute water supply plan. We were informed that GASP is increasing its reliance on recharge facilities as a dependable replacement mechanism.

(24)

Mr. Jack Odor June 29, 2000 Page 2

I

encourage you to continue to work in fine tuning modeled stream depletions and replacement water requirements for the GASP wells. Again, the Division 1 office in Greeley and my modeling branch here in Denver, are available should assistance be needed.

I

appreciate the briefing you gave to members of the Denver staff on the history and operations of GASP.

This substitute water supply plan is hereby approved pursuant to Section 37-80-120, C.R.S., (1991 Repl. Vol.), subject to the following conditions:

1. GASP is strongly encouraged to continue its current effort to improve the determination of the amount and location of depletion's from member wells in addition to timed replacement water deliveries. This information will enhance our ability to administer both the GASP wells in addition to the South Platte River Compact.

2 During the years 1973, 1975, 1979, 1984 and 1992, GASP

submitted plans for the State Engineers approval. Even though there was never a letter from the State Engineers office that gave our approval of those plans, we did use the plans as submitted and the water supplies provided to replace depletions associated with GASP member wells. This office always considered the plan to be operating and approved throughout those years. 3. This substitute water supply plan maybe re\/oked at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan.

4. This plan shall be valid through April 15, 2001 unless revoked or modified.

5. GASP is encouraged to continue purchasing additional senior water rights for replacement purposes. This office prefers permanent water supplies versus leased water.

6. When claiming water for recharge credit, identify which season (irrigation versus non-irrigation) applies.

(25)

7 . Because the runoff predictions for 2000 are well below average for the South Platte River basin which could result in a longer period of call, I expect GASP to implement its drought plan when replacement sources are

exhausted.

8. In accordance with amendments to 25-8-202(7), C.R.S., and JJSenate Bill 89-181 Rules and Regulations" adopted on February

4,

1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be required at any time to determine if the water quality is appropriate for downstream water users.

9. This office shall be given a 30-day notice for renewal prior to the expiration of this approval.

Please contact myself or .Dick Stenzel, Division Engineer at your convenience, on any matter concerning this substitute water supply plan.

Sincerely,

;/~~, zf~

Hal

D.

Simpson State Engineer

cc: Richard Stenzel, Division Engineer

Mae Cunning, J.T. Hanrahan, Water Commissioners HDS/wcm:gasp20002001.doc

(26)

STATE OF COLOMOO

)FFICE OF THE STATE ENGINEER

---Division of Water Resources Department of Natural Resources

Mr. Jack Odor, Manager GASP, Inc. P.O. Box 974 Fort Morgan, CO 80701 May 26, 1999 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engi neer

We have reviewed your April 15, 1999 letter request for renewal to the existing substitute water supply plan. The plan was discussed in detail during a meeting at the Greeley Division Engineer's office on May 5, 1999 between members of your organization and my Division and Denver staff engineers.

The intent of the GASP plan is to release replacement water to the South Platte River system to replace out of priority diversions resulting from the pumping of 2,944 member wells. The 1999 operations update summary lists 84,281 acre-feet of replacement water available this irrigation season to offset out of priority diversions associated with the diversion of about

230,000 acre-feet of gross pumpage.

As Mr. Richard Stenzel emphasized during

the

Ma'y 5 meeting, GASP is encouraged to continue it's efforts to refine its plan to provide additional dependable replacement water, both in amount and timing, for all its member wells. The continued cooperation with the Division office and responsible water commissioners will aid in the administration of this complex substitute water supply plan.

During the meeting held on May 6, 1997, I met with you and the GASP board and introduced the idea of planning for water allocation during periods of drought. I established the end of that calendar year as the target date for when a preliminary plan should be completed. I am most interested in learning of your progress to date in this critical component of basin wide water management.

(27)

Mr. Jack Odor May 26, 1999 Page 2

I encourage you to continue to work i'n fine tuning modeled stream depletions and replacement water requirements for the GASP wells. Again, the Division 1 office in Greeley and my modeling branch here in Denver, are available should assistance be needed.

1. GASP is strongly encouraged to continue its current effort to determine the amount and location of depletion's from member wells in

addition to timed replacement water deliveries. This information will enhance our ability to administer both the GASP wells in addition to the South Platte River Compact.

2 During the years 1973, 1975, 1979, 1984 and 1992, GASP

submitted .plans for the State Engineers approval. Even though there was never a letter from the State Engineers office that gave our approval of those plans, we did use the plans as submitted and the water supplies provided to replace depletions associated with GASP member wells. This office always considered the plan to ·be operating and approved throughout those years. 3. This substitute water supply plan maybe revoked at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan.

4. This plan shall be valid through April 15, 2000 unless revoked or m'odified.

5. GASP is recommended to continue purchasing additional senior water rights for replacement purposes. This office prefers permanent water

supplies versus leased water.

(28)

"

Mr. Jack a,dor May 26, 1999 Page 3

7. In accordance with amendments to 25-8-202(7), C.R.S., and JJSenate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer 'shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be required at any time to determine if the water quality is appropriate for downstream water users.

8. This office shall be given a 3D-day notice for renewal prior to the expiration of this approval.

Please contact myself or Dick Stenzel, Division Engineer at your convenience, on any matter concerning this substitute water supply plan.

Sincerely,

J/A6.L

~.

Simpst>n

St~te Engineer

Mae Cunning, J.T. Hanrahan, Water Commissioners HDS/wcm:gasp99.doc

(29)

STATE

OF COLOMDO

131 3 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589

Mr. Jack Odor, Manager GASP, Inc. P.O. Box 974 Fort Morgan, CO 80701 June 11, 1998 Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer

We have reviewed your April 15, 1998 letter request for renewal to the existing substitute water supply plan. The plan was discussed in detail during a meeting at the Greeley Division Engineer's office on May 6, 1998 between members of your organization and my Division and Denver staff engineers.

The intent of the GASP plan is to release replacement water to the South Platte River system to replace out of priority diversions resulting from the pumping of 2,834 member wells. The operations update summary lists 79,799 acre-feet of replacement water available this irrigation season to offset out of priority diversions associated with the diversion of 230,000 acre-feet of gross pumpage.

As Mr. Richard Stenzel emphasized during the May 6 meeting, GASP is encouraged to continue it's efforts to refine its plan to provide additional dependable replacement water, both in amount and timing, for all its member wells. The continued cooperation with the Division office and responsible water commissioners will aid in the administration of this complex substitute water supply plan.

During the meeting held last year on May 6, 1997, I met with you and the GASP board and introduced the idea of planning for water allocation during periods of drought. I established the end of this calendar year as the target date for when a preliminary plan should be completed. A meeting has been scheduled on July 21, 1998 to further discuss effective drought

(30)

I encourage you to continue to work with Northern Colorado Water Conservancy District and CSU in fine tuning modeled stream depletions and replacement water requirements for the GASP wells. Again, the Division 1 office in Greeley and my modeling branch here in Denver, are available should assistance be needed.

1 . GASP is strongly encouraged to continue its current effort to determine the amount and location of depletion's from member wells in

addition to timed replacement water deliveries. This information will enhance administrability of both GASP wells in addition to South Platte River Compact compliance.

2. This office shall be given a 30 day notice for renewal prior to the expiration of this approval.

3. This substitute water supply plan maybe revoked at any time should it be determined that injury to other vested water rights has or will occur as a result of the operation of this plan.

4. This plan shall be valid through April 15, 1999 unless revoked or modified.

5. GASP is recommended to continue purchasing additional senior water rights for replacement purposes. This office prefers permanent water

supplies versus leased water.

9. In accordance with amendments to 25-8-202(7), C.R.S., and JJSenate

Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be required at any time to determine if the water quality is appropriate for downstream water users.

(31)

Please contact myself or Dick Stenzel, Division Engineer at your convenience, on any matter concerning this substitute water supply plan.

Sincerely,

~~i·J:ir-

State Engineer

Mae Cunning, J.T. Hanrahan, Water Commissioners HDS/wcm :gasp98 .doc

(32)

STATE

OF COLOMDO

~FFICEOF THE STATE ENGINEER

}vision of Water Resou rces

-~6epartment of Natural Resources

Mr. Jack Odor, Manager

GASP, Inc.

P.O. Box 974

Fort Morgan, CO 80701

July 17, 1997

Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer

Re:

1997/8 Substitute Water Supply Plan for the Groundwater

Appropriators of the South Platte, Inc.

Water Division 1

Dear Mr. Odor:

We have reviewed your request for renewal to the existing substitute

water

~upply

plan. The plan was discussed in detail during a meeting at

your office on May 6, 1997 between members of your organization and my

Division and Denver staff engineers. The presentation by Northern Water

Conservancy District engineers on their modeling efforts to simulate the

effects of pumping GASP wells and their impacts to the South Platte River

system was informative and useful. I look forward to future meetings

between our two organizations, possibly before and after each irrigation

season.

The intent of the GASP plan is to release replacement water to the

South Platte River system to replace out of priority diversions resulting from

the pumping of 2,834 member wells. The operations update summary lists

79,799 acre-feet of replacement water available this irrigation season to

offset out of priority diversions associated with the diversion of 230,000

acre-feet of gross pumpage.

As I emphasized during our

May 6 meeting, GASP is strongly

encouraged to continue its efforts to refine its plan to provide additional

dependable replacement water, both in amount and timing, for all its

member wells. The continued cooperation with the Division office and

responsible water commissioners will aid in the administration of this

complex substitute water supply plan.

The stream depletion demonstration by Northern was useful in

highlighting the efforts GASP is putting forth to enhance adminstrability of

this plan. To that end, I am encouraged and pledge any assistance this

office can provide.

(33)

Mr. Jack Odor

July 17, 1997

Page 3

This substitute water supply plan is hereby approved pursuant to

Section 37-80-120, C.R.S., (1991 Repl. Vol.), subject to the following

conditions:

1. GASP should continue its current effort to determine the amount and

location of depletion's from member wells. Provide this office with a

schedule for completion of your modeling efforts by September 1, 1997.

2. This office shall be given a 30 day notice for renewal prior to the

expiration of this approval.

3. This substitute water supply plan maybe revoked at any time should it

be determined that injury to other vested water rights has or will occur as a

result of the operation of this plan.

4. This office shall be notified of future meetings with Northern

concerning their modeling efforts. I would send one of my modeling

engineers for monitoring purposes only.

5. This plan shall be valid through April 15, 1998 unless revoked or

modified.

6. GASP is recommended to continue purchasing additional senior water

rights for replacement purposes. This office prefers permanent water

supplies versus leased water.

7. When claiming water for recharge credit, identify which season

(irrigation versus non-irrigation) applies.

8. Prior to next year's request for renewal, provide this office with a

summary of wells by reach and the estimated amount pumped in each

reach.

9. The actual yield of Burlington/Wellington shares owned by GASP

needs better identification and a method for how that water can be returned

to the river from the Burlington system to obtain full credit from GASP

(34)

·Mr. Jack Odor

July 17, 1997

P.age 3

~Iease

contact myself or Dick Stenzel, Division Engineer at your

convenience, on any matter concerning this substitute water supply plan.

Sincerely,

~~s£~

_{State Engineer}

cc:

Richard Stenzel, Division Engineer

Mae Cunning, J.T. Hanrahan, Water Commissioners

HDS/wcm:gasp97.doc

(35)

lFFICE OF THE STATE ENGINEER

"----Division of Water Resources Department of Natural Resources

STATE

OF COLOMOO

Roy Romer Governor James S. Lochhead Executive Director

Mr. Bart Woodward, President

GASP

P. O. Box 974

Fort Morgan, CO 80701

Dear Bart:

January

22~

1997

Hal D. SimpsonState Engineer