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District Court, Water Division No. 7 <br />Application of Clark-, Case No. I ICW69 <br />Findings of Fact, Conclusions of Caw, Ruling ofthe <br />Referee, Judgment and Decree <br />Page 4 <br />B. Source: groundwater tributary to the Animas River, tributary to the San Juan <br />River. <br />C. Appropriation date and how appropriation initiated: June 30, 2006 by <br />commencement of gravel mining activities. <br />D. Amount: 5.63 acre -feet, conditional, ,surface area: 4 acres (approximately 3.9 <br />acre -feet of evaporation per surface acre per year for a total of 15.6 acre -feet per <br />year of evaporation). <br />E. Use: irrigation of 7500 square feet in conjunction with Clark Pond No. 2, dust <br />suppression, piscatorial, stockwatering, recreational, incidental wildlife use and <br />incidental aesthetics. <br />F. Dam length: 100 feet <br />Dam height: less than 10 feet <br />Total acre feet: 5.63 acre feet <br />Active Storage: 5.63 acre feet <br />Dead Storage: 0 acre feet <br />Surface Area: 4.0 acres <br />G. Legal description of land to be irrigated.- Applicants' land located in the NW 1/4 <br />SW 1/4 of Section 31, Township 42 North, Range 6 West of the N.M.P'.M., in San <br />Juan County, Colorado as shown on Exhibit A. <br />H. Name and Address of owners of land upon which place of storage is located. <br />Applicants. <br />1. Remarhs: The Clark Pond No. 1 intercepts groundwater and is the subject of <br />Well Permit No. 63417 -F. Water will flow back into the Animas River when the <br />pond is full. Upon entry of a decree in this Matter, Applicants will apply for a <br />new well permit for these additional uses. <br />8. The Application contains information to support Applicants' claim of appropriation of <br />the water rights for the Clark Pond No, 1, Clark Pond No. 2 and Maggie Ditch and <br />Pipeline, and the Court finds that Applicants can and will be able to complete these <br />appropriations in a reasonable time. <br />CONGLUSIQNS OF LAW <br />9. To the extent they constitute legal conclusions, the foregoing Findings of Fact are <br />incorporated herein, <br />CLARK- IIM69- ptopoW Wing <br />