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C. Joe Schultheis; <br />d. Board of County Commissioners of the County of Gunnison; and <br />e. Link, LLC. <br />4. Each of the Opposers have entered into a stipulation with the Applicant for <br />entry of the ruling in this matter. <br />5. The Applicant intends to develop a gravel mining pit located in Gunnison <br />County, Colorado, known as the Tomichi Pit. The Tomichi Pit will be developed in two <br />phases — Phase 1 and Phase 2. The permit area for the Tomichi Pit is shown on Figure 1. <br />The gravel pit will intercept groundwater tributary to Tomichi Creek, tributary to the <br />Gunnison River. The Application seeks underground water rights for the gravel pit and <br />approval of a plan for augmentation for out of priority depletions that would result from <br />evaporation and other water used or otherwise lost in the mining process and following <br />reclamation. <br />Findings Regarding Underground Water Rights <br />6. Applicant seeks a conditional underground water right for the Tomichi Pit in <br />the total amount of .600 c.f.s., .530 c.f.s for the Tomichi Pit — Phase 1 and .070 c.f.s. for the <br />Tomichi Pit — Phase 2. The total annual appropriation sought is 129.4 acre feet, 114.4 acre <br />feet for the Tomichi Pit — Phase 1 and 15.00 acre feet for the Tomichi Pit — Phase 2. The <br />Tomichi Pit is not yet permitted. The appropriation date for the Tomichi Pit is October 31, <br />2011. The appropriation was initiated by field inspection and intent to develop the gravel <br />mining pit. <br />7. The proposed uses for Tomichi Pit are evaporation, industrial (including dust <br />control, processing, moisture control and retained moisture), irrigation (evapotranspiration), <br />piscatorial, recreational and wildlife. During the period that the Tomichi Pit is mined, water <br />will be used during the mining process for dust control, and depleted as a result of dust <br />suppression, retained moisture in the gravel, and evaporation from exposed surface water in <br />sediment control pits. Following completion of mining and reclamation, the uses for the <br />Tomichi Pit will be evaporation, irrigation (evapotranspiration) of 3.4 acres of wetlands, <br />piscatorial, recreational and wildlife. <br />8. After mining is completed, the surface area of the ponds will total 49.5 acres, <br />43.8 acres of surface area for the Tomichi Pit — Phase 1 pond and 5.7 acres for the Tomichi <br />Pit — Phase 2 Pond. The ponds will impound approximately 1,500 acre feet of water. <br />9. The center of Tomichi Pit — Phase 1 is located in the NW' /4SE' /4NE1/4 of <br />Section 4, Township 49 North, Range 1 East, N.M.P.M., at a point 1,594 feet from the North <br />Case No. 12CW67, Water Division 4 <br />2 <br />