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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 3 of 28 <br /> CHANGE OF WATER RIGHTS <br /> 4. Water Rights to be Changed: Loveland Ready Mix owns 3 shares of the <br /> Consolidated Hillsborough Ditch Company, out of 118 total shares in the ditch represented <br /> by stock certificate nos. 844, 885 and 911 ("Hillsborough Shares"). The water rights of the <br /> Consolidated Hillsborough Ditch Company are described as follows: <br /> 4.1 Previous Decrees: Water rights were decreed in District Court, Boulder <br /> County, on May 28, 1883 as follows: <br /> LRM Pro Rata Amount <br /> Priority Appropriation Date Amount Ditch for 3 Shares <br /> No. 1 11/10/1861 96.5 cfs Big Thompson 1.47 cfs <br /> No. 40 4/15/1878 54.0 cfs Hillsborough 1.37 cfs <br /> No. 51 10/06/1881 45.69 cfs Hillsborough 1.16 cfs <br /> 63.31 cfs of Priority 1 originally decreed to the Big Thompson Ditch is now decreed to the <br /> Hillsborough Ditch. 5.64 cfs of Priority No. 1 is separately owned in two deeded interests, <br /> and is not owned by the Consolidated Hillsborough Ditch Company. LRM claims no <br /> interest in these two deeded interests. The Consolidated Hillsborough Ditch Company <br /> owns 57.67 cfs of Priority No. 1 and all of Priority Nos. 40 and 51. Therefore, LRM owns <br /> pro rata interests in 57.67 cfs of Priority No. 1 and in all of Priorities 40 and 51. <br /> 4.2 Use: Irrigation; <br /> 4.3 Point of Diversion: headgate of the Hillsborough Ditch, located in the <br /> SE`/4NW'/4 of Section 21, TSN, R68W, 6' P.M., Larimer County, Colorado; <br /> 4.4 Source: Big Thompson River; <br /> 4.5 Historical use: The 3 Hillsborough Shares have historically irrigated <br /> approximately 153 acres on two adjacent farms ("Walters and Bokelman Pits site"), <br /> located in the SW'/4 of the NE'/4, the SE'/4, and the E'/2SW'/4 , Section 24, TSN, R68W, 61' <br /> j P.M., Larimer County, Colorado. The historically irrigated lands are shown on the <br /> attached Exhibit C. The crops grown were corn, alfalfa, and pasture grass. A study period <br /> of 1950 to 2006 was selected for the shares. This study period is consistent with periods <br /> when the shares were applied to the farms via flood irrigation, represent periods with <br /> I available local climate data and diversion data, include dry, wet, and average years and are <br /> representative of the historical irrigation use of the shares. Average ditch loss over the <br /> study period was determined to be 20%. The average historical consumptive use <br /> 1 associated with each of the three shares is 56.29 acre-feet per share, for a total of 168.88 <br /> acre-feet for the three shares. <br /> i <br /> I <br />