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

IN THE.DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
F I L i'
iN WATE i i/l' Iii 1
Division tut,. i
AUG 3 0 1976
STATE OF COLORADO ,T p , -o� ADO
Application No. W- 733 -76 WATER C K
IN THE MATTER OF THE APPLICATION > eV UEPUTv -�
FOR WATER RIGHTS OF ) RULING OF REFEREE
GARY WESTERN COMPANY )
IN THE COLORADO RIVER )
IN MESA COUNTY
The above entitled application was filed on April 9, 1976 and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 17th day of May, 1976,
in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
known as The Water Rights Determination and Administration ct 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 time.
2. The name of the structure is American Gilsonite Company Intake
Canal and Pumping Station.
3. The name of the claimant and address is Gary Western Company;
Four Inverness Court East; Englewood, Colorado.
4. The source of the water is the Colorado River.
4
5. The point of diversion is located on the right bank of the
Colorado River at a point whence the Southeast Corner of Section 11, T.1N.,
R.3W., Ute Meridian, bears S. 210 05' E. 860.0 feet.
6. On April 11, 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 4.9
cubic feet of water per record of time, to be used for industrial and domes-
tic purposes, with priority date of July 21, 1959.
7. On October 25, 1972, the Water Referee for Water Division No. 5
determined that the claimant had shown reasonable diligence in the develop-
ment of this conditional water right and ruled that it be continued in full
force and effect.
8. ,On April 9, 1976, the applicant filed, in Water Court for Water
Division No. 5, an application for quadrennial finding of reasonable dili-
gence in the development of this conditional water right.
In support of this application the applicant makes the following
statements:
The applicant employed Mr. G. E. Handwerk, a Consulting Engineer, to
wake an investigation of the feasibility of modifying the Gary Western
Refinery at Fruita to refine and upgrade raw shale oil as well as increasing
the refinery capacity.
The scope of this investigation included the determination of the
necessity of increasing the water supply for process cooling and other utility