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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 3 <br /> 8. Appropriation Date: February 15, 1993. <br /> 9. Amount and Uses Claimed: The following uses are the industrial uses associated with the <br /> mining of sand and gravel from the Pit and the evaporative losses from the exposed <br /> groundwater surface area during mining and after mining is completed. <br /> A. 41.26 acre feet per year, absolute, for evaporative loss from the free water surface <br /> area during mining, product moisture losses, dust control, aggregate washing and <br /> plant operations. This is the maximum annual amount consumed to date as reported <br /> to the Division of Water Resources in 2008. See Exhibit B. <br /> B. 170.16 acre feet per year, conditional, for evaporative loss from the 62 acres of <br /> exposed groundwater surface area left after mining is complete. This amount is the <br /> gross evaporation from the 62 surface acres left after mining (211.42 acre feet per <br /> year,excluding periods when average daily temperatures are less than or equal to 32' <br /> F) less the amount requested absolute in this application. <br /> C. 1,800 g.p.m. is the maximum pumping rate estimated for dewatering the Pit. <br /> 10. Name and Address of Owner of Land on Which Structures are Located: The Pit is located on <br /> property owned by Ronald E.Tipping,Marie E.Tipping,William R.Patterson,and Rodney <br /> C. Power("Landowners"), c/o Ron Tipping, 1967 Broadway, Grand Junction, CO 81503. <br /> Elam has the right to conduct sand and gravel extraction operations in the area of the Pit <br /> pursuant to a gravel lease agreement with the Landowners ("Lease"). <br /> 11. Additional Information: <br /> A. Operations:Elam has been mining sand,gravel and related products from the Pit and <br /> the property on which it is located(the"Pit Property")since 2007. Elam proposes to <br /> mine the Pit Property to a maximum depth of approximately twenty-five (25)feet, <br /> thereby exposing groundwater to the atmosphere and creating a pond with a total <br /> maximum surface area of 62.0 acres(the"Pond"). Elam estimates that mining at the <br /> Pit will be completed by October 2020,with a maximum of 700,000 tons of material <br /> to be mined annually. However,mine operation is dependent on the demand for sand <br /> and gravel products. Although the Pit will be maintained in a dewatered state until <br /> all mining has been completed, active mining may not occur every year at the level <br /> originally anticipated which could result in mine operation extending beyond 2020. <br /> Mining operations are conducted throughout the year with an average of 240 days of <br /> operation per year. Elam's interest in the water rights adjudicated pursuant to this <br /> Application shall cease upon termination of its sand and gravel extraction operations <br /> under the Lease and any extensions or renewals thereof,but the water rights will be <br /> conveyed to the Landowners. <br />