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Ruling of Referee/Decree of Court Case No.2019 CW 3023 Kilgore Companies,LLC Page 3 D. Source: The Delta Paving Pit Wells are gravel pits located in alluvial deposits adjacent to the Gunnison River, and will intercept and withdraw groundwater tributary to the Gunnison River. E. Appropriation Date: June 19, 1998. G. Amounts: 218.75 acre feet per year for evaporation losses and 3.7 acre feet per year for product moisture losses from the Delta Paving Pit Wells. In addition, water will be pumped from the Delta Paving Pit Wells at the maximum rates of 800 g.p.m. for dewatering purposes, 300 g.p.m. for dust suppression purposes (2.70 acre feet per year), and 1,000 g.p.m. for aggregate washing purposes. The following amounts have previously been made absolute: Evaporation Losses 53.58 acre feet Dust Suppression 2.7 acre feet Product Moisture Loss 3.7 acre feet Dewatering 800 g.p.m. H. Uses: Industrial uses, including but not limited to dewatering of the Delta Paving Pit Wells during mining, evaporation during mining activities and after completion of mining activities from the Delta Paving Pit Wells, dust suppression,product moisture losses through aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, gravel, and related products from the lands on which the Delta Paving Pit Wells are located, and with the reclamation and use of such land during and after completion of such mining. I. Well Permit: The State Engineer has issued Well Permit No. 053787-F for the Delta Paving Pit Wells. 7. Elam requests a finding that it has been reasonably diligent in this diligence period in the development of the remaining conditional portions of the Delta Paving Pit Wells water rights, as described above in Paragraph 6, and that the decrees for these conditional water rights be continued. Elam has provided a detailed outline in the Application of the work that has been done toward or for completion of the appropriation of the remaining conditional portions of the Delta Paving Pit Wells water rights. The Referee specifically finds that Elam has made a steady application of effort to complete the appropriation of the remaining conditional portions of the Delta Paving Pit Wells water rights in a reasonably expedient and efficient manner under all of the facts and circumstances and, accordingly, that Elam has been reasonably diligent in the preceding diligence period with respect to the development of the remaining conditional portions Delta Paving Pit Wells water rights. 8. Elam should be awarded the relief requested in the Application.