2016-08-25_REVISION - M2001022 (8)

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Case No. 09CWI05 Findings of Fact, Conclusions of Law, Judgment and Decree Page 3 of 28 CHANGE OF WATER RIGHTS 4. Water Rights to be Changed: Loveland Ready Mix owns 3 shares of the Consolidated Hillsborough Ditch Company,out of 118 total shares in the ditch represented by stock certificate nos. 844, 885 and 911 ("Hillsborough Shares"). The water rights of the Consolidated Hillsborough Ditch Company are described as follows: 4.1 Previous Decrees: Water rights were decreed in District Court, Boulder County, on May 28, 1883 as follows: LRM Pro Rata Amount Priority Appropriation Date Amount Ditch for 3 Shares No. 1 11/10/1861 96.5 cfs Big Thompson 1.47 cfs No. 40 4/15/1878 54.0 cfs Hillsborough 1.37 cfs No. 51 10/06/1881 45.69 cfs Hillsborough 1.16 cfs 63.31 cfs of Priority 1 originally decreed to the Big Thompson Ditch is now decreed to the Hillsborough Ditch. 5.64 cfs of Priority No. 1 is separately owned in two deeded interests, and is not owned by the Consolidated Hillsborough Ditch Company. LRM claims no interest in these two deeded interests. The Consolidated Hillsborough Ditch Company owns 57.67 cfs of Priority No. 1 and all of Priority Nos. 40 and 51. Therefore,LRM owns pro rata interests in 57.67 cfs of Priority No. i and in all of Priorities 40 and 51. 4.2 Use: Irrigation; 4.3 Point of Diversion: headgate of the Hillsborough Ditch, located in the SE'/4NW`/4 of Section 21,TSN, R68W, 6`h P.M.,Larimer County,Colorado; 4.4 Source: Big Thompson River; 4.5 Historical use: The 3 Hillsborough Shares have historically irrigated approximately 153 acres on two adjacent farms ("Walters and Bokelman Pits site"), located in the SW'/4 of the NE'/4, the SE'/, and the E'/zSW'/4 , Section 24, TSN, R68W, 6t' P.M., Larimer County, Colorado. The historically irrigated lands are shown on the attached Exhibit C. The crops grown were corn, alfalfa, and pasture grass. A study period of 1950 to 2006 was selected for the shares. This study period is consistent with periods when the shares were applied to the farms via flood irrigation, represent periods with available local climate data and diversion data, include dry, wet, and average years and are representative of the historical irrigation use of the shares. Average ditch loss over the study period was determined to be 20%. The average historical consumptive use associated with each of the three shares is 56,29 acre-feet per share, for a total of 168.88 acre-feet for the three shares.