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Amended Application for Underground water Right and Change of Water Right <br /> Case No. 13 CW 3081 <br /> Ruling of Referee and Decree <br /> Page 8 <br /> in the amount of 41.26 acre feet per year for evaporative loss from the free water surface area <br /> during mining,product moisture losses,dust control,aggregate washing and plant operations <br /> is hereby awarded the Una Gravel Pit No. 2. A conditional water right in the amount of <br /> 170.16 acre feet per year for evaporative loss from the 62 acres of exposed groundwater <br /> surface area left after mining is complete is hereby awarded the Una Gravel Pit No. 2. <br /> 25. The priority date awarded to the water right decreed herein as the Una Gravel Pit No. 2 is <br /> February 15, 1993. The original Application was filed in 2013 and the water right awarded <br /> herein to the Una Gravel Pit No. 2 shall be administered as having been awarded on an <br /> application filed in 2013. <br /> 26. Co-Applicant Elam shall file an application for an amended well permit for the Una Gravel <br /> Pit No. 2 with the State Engineer's Office, pursuant to C.R.S. § 37-90-137(2), which <br /> application shall be consistent with the terms of this Ruling of Referee and Decree. The <br /> State Engineer is ordered to issue an amended well permit, pursuant to C.R.S. § 37-90- <br /> 137(2),within sixty days after Applicants file the amended well permit application with the <br /> State Engineer's Office, <br /> 27. Within ninety days of the entry of the final decree in this case, Applicants shall provide the <br /> Division Engineer's Office with a copy of a valid contract between the Applicants and the <br /> Landowners for augmentation pursuant to the plan for augmentation decreed in Case No. <br /> 02CW 123,Water Division 5,which contract shall be consistent with the terms of this Ruling <br /> of Referee and Decree. <br /> 28. The application for approval of change of water right set forth in the Findings Re: Second <br /> Claim for Relief, above,is hereby approved. The Senior Evans Ditch water right owned by <br /> the Landowners hereby quantified and changed to permit the 102.51 acre feet of historical <br /> consumptive use credits to be used by West Divide as a substitute supply for its plans for <br /> augmentation for the augmentation and replacement of out-of-priority depletions from <br /> domestic or irrigation uses within the West Divide service area boundaries. The 113 acres <br /> irrigated by the Senior Evans Ditch and retired from irrigation as shown on Figure 2 shall not <br /> be irrigated by the junior-Evans Ditch water right in the future. <br /> 29. Co-Applicant Elam shall be responsible for accounting for the use of the Una Gravel Pit No. <br /> 2 water rights decreed herein and the annual reporting thereof until such time as its sand and <br /> gravel extraction operations cease. Thereafter,accounting for the use of the Una Gravel Pit <br /> No.2 water rights decreed herein and the annual reporting thereof shall be the responsibility <br /> of the owners of the property upon which the Una Gravel Pit No. 2 is located, currently the <br /> Landowners identified above. The use of the Senior Evans Ditch historical consumptive use <br /> credits shall be accounted for and reported by Co-Applicant West Divide. Notification of <br /> subsequent changes in the entity responsible for the accounting and reporting must be made <br /> to the Division Engineer's Office. <br />