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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 4 <br /> During mining operations, groundwater entering the Pit is conveyed in dewatering <br /> trenches to a settling pond and sump within the excavation_ From the sump area, a <br /> portion of this groundwater is pumped for use on-site for dust suppression,aggregate <br /> washing,and other operational purposes,and the remainder is pumped directly to the <br /> Colorado River for dewatering purposes. In addition,at the request of the U. S.Fish <br /> &Wildlife Service,a portion of the water may occasionally be used during free river <br /> conditions to irrigate cottonwood trees within the 200-foot buffer between the Pit and <br /> the River. The Pond will remain on the Pit Property after the completion of the <br /> mining. During mining,the Pit will be backfilled as necessary to ensure the exposed <br /> groundwater surface area will not exceed 62 acres. <br /> B. Augmentation of Out of Priority Depletions: The uses claimed above were made <br /> pursuant to the SWSP. In the future, out of priority depletions will be replaced in <br /> accordance with the West Divide Colorado River Plan for Augmentation decreed in <br /> District Court,Water Division 5, Case No. 02CW 123 ("West Divide Augmentation <br /> Plan"), when required to satisfy a valid call. The West Divide Augmentation Plan <br /> permits the augmentation of depletions from current and future structures located <br /> within West Divide's defined Area A boundaries. The Pit is located within West <br /> Divide's Area A boundaries and may be augmented by the decreed West Divide <br /> Augmentation Plan. <br /> 12. Water is available for appropriation under this priority. <br /> Findings Re: Second Claim for Relief <br /> (Change of Water Right) <br /> 13. Description of Water Right to be Changed: <br /> A_ Landowners own the Evans Ditch water right and have authorized Co-Applicants to <br /> change the Evans Ditch for augmentation and replacement purposes for use by West <br /> Divide as a substitute water supply for its plans for augmentation as described in <br /> Paragraph 14. <br /> B. Evans Ditch(the"Senior Evans Ditch Right") <br /> i. Date Decree Entered: April 30, 1912; Civil Action No. 1572, Garfield <br /> County District Court. <br /> ii. Legal description of point of diversion: The decreed point of diversion for the <br /> Evans Ditch is described as follows: At a point on the north bank of said <br /> river [Colorado River] whence the Southwest corner of Section Twenty- <br /> Seven(27),Township Seven(7)South of Range Ninety-Six(96)West of the <br /> 6th Principal Meridian bears south Fifty-Seven degrees (57°) west Five <br />