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Application of Grand Junction Concrete Pipe Co.et al. <br /> Case No.03CW75 <br /> Ruling of Referee and Decree <br /> Page 4 <br /> 11• General Proiect Description: The Company proposes to mine sand <br /> products from the Pit and the Pit Property, , gravel and related <br /> p rty, which is located near the Colorado River. The <br /> Company proposes to mine sand and gravel from up to 10.0 acres of the Pit Property to a <br /> maximum depth of approximately twenty-five feet, thereby exposing groundwater to the <br /> atmosphere and creating a pond in the area of the excavation (the"Pond'). The Company <br /> shall backfill areas of the Pit as necessary to ensure that the free water surface of the Pond <br /> does not ever exceed 8.0 acres at any given time. The Company estimates that the Pit will <br /> have a 10 year mine life. During mining operations, groundwater entering the Pit will be <br /> conveyed in channels to a sump area near the southwestern portion of the excavation. As <br /> discussed above, a portion of this groundwater will be pumped from the sump area for use <br /> on-site for dust suppression, use at the batch plant, and aggregate washing purposes. The <br /> remainder will be pumped directly to the Colorado River for dewaterin <br /> Pond, with an exposed water surface area of up to 8 acres, will remain on the Pit Property <br /> after the completion of the mining. <br /> 12• Well Permit and Substitute Water SLIP&Plan Information: Pursuant to C.R.S. §37-90- <br /> 13 7(2) and(11), the Office of the State Engineer has issued the Company Well Permit No. <br /> 60784-F,dated February27,2004(the"Permit'). The State Engineer issued the Permit after <br /> it approved a substitute water supply plan for the Una Pit by approval letter,dated February <br /> 5, 2004(the "Substitute Water Supply Plan"). <br /> 13. Initiation of Appropriation: Applicants have initiated a valid appropriation of the wate rs of <br /> the Pit as of the date set forth in Paragraph above. Water is available for appropriation <br /> ph 7, ab <br /> under this priority per a plan for augmentation. Applicants have established that water can <br /> and will be diverted and/or otherwise captured, possessed, and controlled and will be <br /> beneficially used, and that the appropriation can and will be completed with diligence and <br /> within a reasonable time. <br /> 14. No Administration as Storage Right: The water which collects in the Pit is not in storage, <br /> as defined in C.R.S. §37-92-103(10.5), and, in the administration of the water rights <br /> confirmed herein, statutes and other law relating to the storage of water, including without <br /> limitation C.R.S. §37-92-502(3) shall not be applicable. <br /> Findings Re: Second Claim for Relief <br /> (Plan for Augmentation} <br /> 15. Names of structure to be augmented: The Una Pit, described in the First Claim for Relief, <br /> above. <br />