HomeMy WebLinkAbout20191648.tiffENCE JONES CUSTER GRASMICK LLP
ATTORNEYS AT LAW
5245 RONALD REAGAN BLVD., SUITE 1
JOHNSTOWN, COLORADO 80534
TELEPHONE: 970-622-8181
W W W.IJCGLAW.COM
Kelly@ljeglaw.com
P. Andrew Jones • Kely J. Custer • Bradley C. Grasmick • David P. Jones
Wesley S. Knoll • Ryan M. Donovan • Alyson K. Scott
April 11, 2019
Weld County Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Certified Mail Receipt #70180360000018599647
RECEIVED
APR 1 5 2;;
WELD COUNTY
COMMISSIONERS
Re: Application of Groundwater Management Subdistrict of the Central Colorado Water
Conservancy District, Case No. 19CW3066
Dear Sir or Madam:
The Groundwater Management Subdistrict of the Central Colorado Water Conservancy
District has filed the enclosed application to add structures to its augmentation plan with the Water
Court, Division 1. The application includes three lengthy exhibits of which we will provide
electronic copies if requested. This letter will serve as the notice to owners of land on which
structures are located as required by C.R.S. §37-92-302(2).
Enclosure
f -N. rerun ; Go.--ViorS
5/1/19
Sincerely,
LAWRENCE JONES CUSTER GRASMICK LLP
Digitally signed by Wes Knoll
DN: cn=Wes Knoll, o=Lawrence Jones Custer
Grasmick, ou, email=wes@ljcglaw.com, c=U5
Date: 2019.04.11 15:59:21 -06'00'
Wesley S. Knoll
P Cc /Bt1SI j ), PL(TP),
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1-1 /1'1 / i of
2019-1648
SO 008"0
DISTRICT COURT, WATER DIVISION NO. 1,
COLORADO
9th Street and 9th Avenue
P. O. Box 2038
Greeley, CO 80632
ACOURT USE ONLY A
CONCERNING THE APPLICATION FOR WATER
RIGHTS OF:
GROUNDWATER MANAGEMENT SUBDISTRICT
OF THE CENTRAL COLORADO WATER
CONSERVANCY DISTRICT
IN WELD COUNTY.
Kelly J. Custer, #27247
Wesley S. Knoll, #48747
Lawrence Jones Custer Grasmick LLP
5245 Ronald Reagan Blvd, Suite 1
Johnstown, CO 80531
Telephone: (970) 622-8181
Email: kelly@ljcglaw.com; wes@ljcglaw.com
Case No. 19CW
Div 1: Courtroom 1
APPLICATION TO ADD STRUCTURES TO AUGMENTATION PLAN
1. Name, Address and Telephone Number of Applicant. Groundwater Management
Subdistrict of the Central Colorado Water Conservancy District ("GMS" or "Applicant"),
3209 West 28th Street, Greeley, Colorado 80634. (970) 330-4540.
2. Augmentation Plan. Applicant operates an augmentation plan decreed in Case No.
02CW335 ("GMS Plan"). ¶14.5 of the decree in Case No. 02CW335 (Decree) allows the
addition of wells to the plan subject to notice and terms and conditions.
3. Structures to be Added and Augmented.
3.1. Hokestra Gravel Mine
3.1.1. Name of Structure to be Added and Augmented: Hokestra Gravel Mine, Well
Permit No. 63693-F ("Well"); (WDID: 0503006, DRMS M-1980-149).
3.1.2. Name and Address of Owner of Structure: Applicant (address above); Weld
County, P.O. Box 758 (mailing), 915 10th Street (physical), Greeley, CO 80632;
James and Sharon Peters, 4795 County Road 24 %, Longmont, CO 80504-9532;
Colder Weather, LLC, 344 Fillmore St., Denver, CO 80602-4322.
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3.1.3. Location of Structure: In the N 1/2 of Section 2, Township 2 North, Range 68
West, and the S Y2 of Section 35, Township 3 North, Range 68 West of the 6th P.M.,
Weld County Colorado.
3.1.4. GMS Contract No.: 1178, approved August 21, 2018, Exhibit 1.
3.1.5. Remarks: This application seeks to add existing depletions from net
evaporative post 1981 exposed groundwater surface area losses and dewatering
which occurred during mining activities by Weld County pursuant to its DRMS
Permit No. M-1980-149 for this structure (Cells 1 through 12) to the GMS Plan.
Future net evaporation depletions of the post 1981 exposed groundwater surface area
from portions of this sltucture (Cells 1, 7, 8, 9, 10, 11 & 12) which remain unlined
are anticipated and will also be covered by the GMS Plan. Cells 2, 3, 4, 5 and 6 have
been lined (WDID's 0503324, 0503325 and 0503326) and no longer expose
groundwater.
3.2. Southwest Service Complex Pump.
3.2.1. Name of Structure to be Added and Augmented: Southwest Service Complex
Pump. This structure pumps water from Cell 1 of the Hokestra Gravel Mine.
3.2.2. Name and Address of Owner of Structure: Weld County, P.O. Box 758
(mailing), 915 10th Street (physical), Greeley, CO 80632.
3.2.3. Location of Structure: In the SW ' of the NW 1/4 of Section 2, Township 2,
Range 68 West of the fish P.M. Weld County, Colorado.
3.2.4. GMS Contract No.: 1177, approved August 21, 2018, Exhibit 2 (for irrigation
from pond)
3.2.5. Remarks: This application seeks to add existing net depletions from prior
pumping for irrigation of the Southwest Service Area Complex prior to the date of
this application to the GMS Plan. The GMS Plan will also cover future water
withdrawals from Cell t (unlined gravel pit), which will be metered, and utilized for
irrigation on the grounds of Weld County's Southwest Services Complex pursuant to
the GMS contract referenced above and attached as Exhibit 2. The net evaporative
post 1981 exposed groundwater surface area losses and dewatering from Cell 1 will
be covered under GMS Contract No. 1178 along with the other Hokestra Cells
(described above).
4. Proposed Terms and Conditions. The terms and conditions for the structures added to the
GMS Plan by this Application will be the same as for the other structures in the Decree.
4.1. Consumptive Use Factors.
4.1.1. Hokestra Gravel Mine. The existing net evaporative depletions from previous
mining and ongoing net evaporative depletions from the post 1981 exposed
groundwater surface area of the unlined cells (Cells 1, 7, 8, 9, 10, 11 and 12) are
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fully consumptive. The existing depletions from previous dewatering for mining
will be considered fully consumptive.
4.1.2. Southwest Service Complex Irrigation. The consumptive use factor will be
60% for flood irrigated acres and 80% for sprinkler irrigated acres. The method for
determining future well depletions will be those set out in the Decree at ¶17.3.3.2.
The structure will be subject to all the terms and conditions for operation as for
other structures in the Decree.
4.2. Net Stream Depletions. Depletions resulting from the future use of groundwater and
accretions resulting from deep percolation of groundwater applied for irrigation
will be lagged back to the South Platte River using the Glover alluvial aquifer
method and the following parameters.
Distance from
Structure to
Stream (ft)
Distance from Harmonic Mean
Boundary to Stream Transmissivity
(ft) (gpd/ft)
Admin.
Reach
Southwest
Service Complex
Pump
2,260 9,760 2,800
0.2
Hokestra Gravel
Mine
1,060
( 8,980 14,400
0.2
4.3. The Hokestra Gravel Mine and the Southwest Service Complex Pump were
previously included in Weld County's Substitute Water Supply Plans (WDID
0502521) pursuant to C.R.S. §37-90-137(11) for DRMS Permit No. M-1980-149.
Existing depletions from mining activities, including net evaporation of post 1981
exposed groundwater surface area and de -watering as well as irrigation are
included in the attached Exhibit 3 and will be included in the GMS Plan as of the
date of this Application. Future depletions resulting from net evaporation of post
1981 exposed groundwater surface area and net diversions of the structures
described in this Application will be augmented by GMS in accordance with GMS
Contract Nos. 1177 & 1178, the Decree in Case Nos. 02CW335 and the decree
entered herein.
5. Names and addresses of owners of land on which structures are located: Weld County,
P.O. Box 758 (mailing), 915 10th Street (physical), Greeley, CO 80632; James and Sharon
Peters, 4795 County Road 24 14, Longmont, CO 80504-9532; Colder Weather, LLC, 344
Fillmore St., Denver, CO 80602-4322.
3
DATED this 11th day of April, 2019.
LAWRENCE JONES CUSTER GRASMICK, LLP
Digitally signed by Wes Knoll
DN: cn=Wes Knoll, o=Lawrence Jones
Custer Grasmick, ou,
emaiI=wes@ljcglaw.com, c=U5
Date: 2019.04.11 11:51:38 -0600'
Kelly J. Custer, #27247
Wesley S. Knoll, #48747
Attorneys for Applicant
Pursuant to Rule 121, a printed or printable copy of the document bearing the original, electronic, or scanned signature is on file at the offices of
Lawrence ✓ones Custer Grasmick LLP
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VERIFICATION
STATE OF COLORADO )
SS.
COUNTY OF JEFFERSON )
Miranda Larsen -Funk, being first duly sworn upon oath, deposes and states that she is the
consulting engineer for the Applicant herein, that she has read the foregoing and that the contents
contained therein are true and correct to the best of her information, knowledge and belief.
Miranda Larsen -Funk
Subscribed and sworn to before me on
April rth , 2019, by Miranda Larsen -Funk.
WITNESS my hand and official seal.
My Commission Expires:
know P, 2nt
JOU A. SAJBAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20024033890
MY COMMISSION EXPIRES SEPT. 28.2020
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