2016-08-25_REVISION - M2001022 (8)

Home Browse Search

Case No. 09CWI05 Findings of Fact, Conclusions of Lam Judgment and Decree Page 4 of 28 5. Description of Changes of Water Rights: 5.1 Change of Use: from irrigation to commercial, industrial, reclamation, domestic, irrigation, stock watering, recreation, fish culture and propagation, fishing, wildlife, aesthetic, fire protection, and all uses associated with gravel and rock mining including evaporation, dust suppression and production and processing tosses with the right to totally consume the consumable portion of the water attributable to the historical consumptive use, either by first use, successive use or disposition. Water will be used directly, following storage, by exchange, and for augmentation of out-of-priority diversions and depletions resulting from the above uses and as a source of substitute supply. In addition to the Changed Uses,the Hillsborough Shares may continue to be used for the originally decreed irrigation use under the Hillsborough Ditch in any given year until the shares are put to a changed use. 5.2 Places of Storage: Walters Reservoir No. 1, Walters Reservoir No. 2 and Bokelman Reservoir No. 1 which are located at the Walters and Bokelman Pits site as described in Paragraph 4.5. 5.3 Changed Places of Use: 5.3.1 The Hillsborough Shares may be used for augmentation purposes to replace evaporation from unlined gravel pits and other depletions resulting from reclamation, production and processing and gravel mining and to replace out of priority depletions resulting from the other uses described in Paragraph 5.1 and out of priority depletions resulting from the "first fill" of gravel pits at the following places of use pursuant to an approved substitute water supply plan or a decreed augmentation plan, including the augmentation plan decreed herein: 5.3.1.1 Walters and Bokelman Pits site, at the location described in Paragraph 4.5,as shown on Exhibit A. 5.3.1.2 Green and Croissant Pits site located in the NW %4 and the W% of the NE �V4 of Section 30, T5N, R67W, 6th P.M., Weld County, Colorado,as shown on Exhibit A. 5.3.1.3 Dunn site located in the NE '/4 of Section 3,T4N,R67W and the SW '/4 of the SE '/4 of Section 34, T5N, R67 W, 6th P.M., Weld County, Colorado, as shown on Exhibit A. 5.3.2 Commercial and domestic uses, including augmentation of commercial and domestic uses, are limited to the Walters and Bokehnan Pits site, and the Green site. All other changed uses described in Paragraph 5.1 shall be