2013-12-17_PERMIT FILE - M2013081 (7)

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Findings of Fact, Conclusions of Law and Decree Case No. 06CW 123 Page 3 of 23 pages Proposed Decree 19 January 2012 9. The Project includes residential housing, commercial /mixed use development, business park, conference center, federal/state office complex, RV resort village, business and research complex, equestrian center, parks, ponds and open space. The Property is generally located in the N%2 of Section 5, N %2, of Section 6, Township 49 North, Range 1 East, N.M.P.M.; NE' /4NE' /a, S %2NE' /4 Section 1, Township 49 North, Range 1 West, N.M.P.M.; SE' /4SW' /4 Section 30; all of Section 31 less the Gunnison Cemetery which is located in the SE' /4SE' /4 and the NE' /4NE %4 of Section 31 Township 50 North, Range 1 East, N.M.P.M. comprising approximately 675 acres. TABLE 11 shows specific details of the Project. 10. Overall, the Project is anticipated to provide for 900 residential units (630 single - family and 270 multi - family), 895,300 square feet of commercial area, a recreational resort involving up to 500 recreational vehicles, a western pavilion/equestrian center with up to 50 horses, and an elementary school for up to 300 pupils. Except for an estimated 29.8 acres to be supplied through the potable water system, the yard and landscape areas in the development will be irrigated by the existing ditches. Approximately four ponds involving a total of 14 acres will be maintained in the development through the existing ditches. 11. Of the approximately 675 acres to be developed, approximately 565 acres is currently irrigated meadow and pasture; the remainder is non - irrigated sage brush and rocky areas. Lands not dried up for the augmentation and replacement purposes will be converted to domestic lawn, landscape and garden uses, or will continue to be irrigated under existing water rights. 12. TABLE 2 shows the presently - irrigated acreages that are expected to be removed from irrigation as the result of development. It is anticipated that approximately 325.7 acres of the historically - irrigated land will be removed from irrigation when the Gunnison Rising Project is fully developed. Part of the Ditches' water rights corresponding to the dried -up areas will be used to replace out of priority depletions from the well pumping during the irrigation season, and Aspinall Unit water contracted from either the U.S. Bureau of Reclamation or the Upper Gunnison River Water Conservancy District will replace out of priority depletions during the non - irrigation season. As discussed later, the Ditches also irrigate additional areas in the Gunnison Rising development that will not be dried up and will continue to produce agricultural crops. ' The references to TABLE and FIGURE in this ruling are to pages extracted from the Helton & Williamsen Engineering Report entitled "Water Rights and Plan for Augmentation" dated September 30, 2009.