2014-10-21_PERMIT FILE - C2010088 ‎(3)‎

• Permit No: C2010088
• IBM Index Class Name: Permit File
• Doc Date: 10/21/2014
• Doc Name: Right of Entry and Water Rights
• Section_Exhibit Name: Exhibit 01
• Media Type: D
• Archive: No

Volume I Exhibits Tab 1
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W- 733 -77
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF )
GARY WESTERN COMPANY )
IN THE COLORADO RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: UNNAMED )
IN MESA COUNTY )
RULING OF REFEREE
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The above entitled application was filed on August 22, 1977, and was
referred to the undersigned as Water Referee for Water Division No.S, State
of Colorado, by the Water Judge of said Court on the 8th day of September,
1977, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Rights Determination and Administration Act of
1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the application are
true and having become fully advised with respect to the subject matter of
the application does hereby make the following determination and ruling as
the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is American Gilsonite Company Intake
Canal and Pumping Plant.
3. The name of the claimant and address if Gary Western Company;
Gary Community Rural Station; Fruita, Colorado,
4. The source of the water is the Colorado River.
5. (a) The point of diversion of the American Gilsonite Company
Intake Canal and Pumping Plant, as decreed, is located on
the right bank of the Colorado River at a -point whence the
Southeast Corner of Section 11, T.1N., R.3W., of the Ute
Meridian, bears S. 210051 E. 860.0 feet.
(b) The proposed new alternate point of diversion at the Gary
Western Bottom Wash Pipeline is located on the right or
North bank of an unnamed draw, tributary to the Colorado
River, at a point whence the Northeast Corner of Section 11,
T.1N.1 R.3W., Ute Meridian bears N. 01015124 11E. a distance
of 4,379.74 feet.
6. On April 13, 1972, in Civil Action No. 13368, the Mesa County
District Court awarded to the American Gilsonite Company Intake Canal and
Pumping Station, Priority No. 1012, an absolute water right for 5.10 cubic
feet of water per second of time and a conditional water right for 4.90
cubic feet of water per second of time, to be used for industrial and
domestic purposes, with priority date of July 21, 1959.
7. On August 22, 1977, the claimant filed, in Water Court for Water
Division No. 5, an application for change of water right in which it is
requested that an alternate point of diversion be established at the
location as described in paragraph 5(b) above, for the water previously
awarded to the American Gilsonite Company Intake Canal and Pumping Station.