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Mr. David Heintz Page 4 of 10 <br />Duckworth SWSP <br />May 6, 2015 <br />based on the pro -rata delivery of MMM's two shares of the Rural Ditch water and/or, excess <br />augmentation credits available from MMM's South Platte Combined SWSP. <br />Rural Ditch (WDID 0600551) Shares <br />MMM owns two shares in the Rural Ditch that were historically used on the Heaton <br />property for irrigation. The Heaton property is north of the Duckworth pit and is the current <br />site of Heaton Reservoir (WDID 0504089). These shares were previously apart of Case No. <br />2001CW194 to be changed from irrigation to augmentation and other uses associated with <br />Lafarge's (MMM's predecessor) sand and gravel operations. This case was dismissed without <br />prejudice on April 5, 2011 before going to trial at the request of Lafarge because the credit <br />sought would not adequately meet the needs of Lafarge's operation and new mining <br />properties along the lower St. Vrain or the South Platte River, which could use the <br />consumptive use credit, had not been identified. An engineering report was completed for <br />Case no. 2001CW194 and presents the historical consumptive use analysis for these two <br />shares. This report is the basis for the historical consumptive use ("HCU") analysis for this <br />SWSP. As requested by the previous SWSP the Applicant provided information on the <br />assumptions used the HCU analysis, as described below. <br />The Applicant owns 2 shares of 50 shares of the Rural Ditch, or four percent. The <br />Rural Ditch water right was decreed in CAI 336 for the following appropriations: <br />• May 10, 1862, 22.75 cfs <br />• March 10, 1863, 175.54 cfs" <br />"115.29 cfs of the 175.54 cfs was abandoned by decree in case no. 84CW412. <br />The applicant's shares equate to an ownership interest of 0.91 cfs in the senior <br />priority and 2.41 cfs in the junior priority. The Heaton propertx is located in the N1 /2 of the <br />NEI /4 of Section 9, Township 2 North, Range 68 West of the 6` P.M. According to the <br />engineering report, the HCU analysis was performed using the modified Blaney-Criddle <br />method. The HCU analysis was conducted for the period 1911-1998. The Longmont 2ESE <br />climate station was used in the analysis. The Applicant noted that irrigation continued <br />through 1999, when the mining operation took the land out of agricultural production. The <br />two Rural Ditch shares were continued to be used at the Heaton property Batch Plant (Del <br />Camino Batch Plan) under approved SWSP's from approximately 2003 through 2008 and in this <br />SWSP thereafter. <br />Rural Ditch diversion records were obtained from the State Engineer's Office ("SEtO") <br />for the period of 1911 through 1949 and from the Colorado Decision Support System ("CDSS") <br />database for the period of 1950 through 1998. Records for the years 1934-1936 were not <br />available, so the monthly averages for the remaining study period were used in the HCU <br />analysis in these three years. <br />According to the engineering report the average annual ditch diversions attributable to <br />MMM's two shares is 204.2 acre-feet per year. An assumed 20% ditch loss assessed on the <br />diversions provides an average annual farm headgate delivery of 163.4 acre-feet per year. <br />Aerial photography taken in 1953, 1975, 1980 and 1998 were reviewed to confirm the historic <br />use on the property. Based on the review of the above aerial photography the following <br />irrigated acreages were used in the HCU analysis: 68.9 acres from 1911 to 1961, 52 acres from <br />1962 to 1969 and 47 acres from 1970 to 1998. Based on conversation with Mr. Adams the ditch <br />company president, the crop distribution was assumed to be 50 percent silage corn and 50 <br />percent alfalfa and that the ditch diversions have been used to flood irrigate the property. A <br />maximum irrigation efficiency of 65 percent was estimated in the HCU analysis. According to <br />