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10.2.3 Legal description of structure as described in the most recent decree that <br /> adjudicated the location: Magic Mountain Dam and Reservoir is located such that the southwest <br /> corner of its concrete spillway bears north 71 degrees 20 minutes east, approximately 933 feet <br /> from the south corner of Section 10, T4S, R70W of the 6th P.M., Jefferson County, Colorado. <br /> 10.2.4 Decreed source of water: Magic Mountain Reservoir is located on Jackson <br /> Gulch, and captures and stores water flowing down Jackson Gulch. Points of diversion to Magic <br /> Mountain Dam and Reservoir are also established on Lena Gulch, a tributary of Clear Creek, and <br /> on Apex Gulch, a tributary of Lena Gulch, as follows: <br /> (a) Lena Gulch Feeder Ditch is decreed at a point on the west bank of <br /> Lena Gulch Creek from whence the northeast corner of Section 15, T.4S., R.70W of the 6th P.M. <br /> bears north 11 degrees, 0 minutes east, approximately 2050 feet. Amount: 2.0 cfs <br /> (b) Apex Gulch Feeder Ditch is decreed at a point on the south bank of <br /> Apex Gulch Creek from whence the southwest corner of Section 10, TAS., R.70W. of the 6th <br /> P.M., bears south 72 degrees, 40 minutes east, approximately 3480 feet. Amount: 3.0 cfs <br /> 10.2.5 Appropriation Dates: <br /> (a) December 28, 1990 and March 25, 1999 <br /> 10.2.6 Total amount decreed to structure: <br /> (a) 116.11 acre-feet, absolute (appropriation date: December 28, 1990) <br /> (b) 3.89 acre-feet, conditional (appropriation date: December 28, 1990) <br /> (c) 27 acre-feet, conditional (appropriation date: March 25, 1999) <br /> 10.2.7 Decreed use or uses: Commercial, industrial, reclamation of mined lands <br /> which may include irrigation, dust suppression, mining operations, including rock washing, <br /> concrete plant operations, augmentation and exchange3. <br /> 10.2.8 Amount of water the Applicant proposes to change: Diversions under the <br /> Lena Gulch Feeder Ditch No. 2 will be limited to the water legally and physically available at the <br /> point of diversion decreed in the Consolidated Decree for Magic Mountain Reservoir at the Lena <br /> Gulch Feeder Ditch described above, up to 2.0 cfs and 147 acre-feet per year, the decreed <br /> volume of Magic Mountain Reservoir. Applicant shall install measuring and recording devices <br /> reasonably necessary for the Division Engineer to determine the amount of flow physically <br /> available at the location of the Lena Gulch Feeder Ditch. <br /> 3 See Footnote No. 1,supra. <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 17 <br />