2024-09-09_REVISION - M1981058 - Laserfiche WebLink

Home Browse Search

Findings of Fact,Conclusions of Law,Ruling of the Referee and Decree of the Water Court Thomas F.and Ginger L.Latham 23CW3022 Page 2 4. Report of the Division Engineer. The Court has given due consideration to the Report of the Division Engineer—Summary of Consultation filed July 14, 2023, and the Applicant's response to the same dated August 3, 2023. FINDINGS RE: FIRST CLAIM FOR RELIEF (Underground Water Right) 5. Name of Structure, Well Permit Information and Background. DeBeque Gravel Pit, First Enlargement(the"Pit"). Applicants have obtained a well permit for the DeBeque Gravel Pit from the State Engineer's office, pursuant to C.R.S. §§ 37-90- 137(2)and (11), in the name of the Applicants, Well Permit No. 75938-F ("Well Permit"). The Pit was originally mined by Elam Construction, Inc. ("Elam"). In Case No. 05CW076, the Applicants and Elam obtained an absolute water right in the amount of 8.1 acre feet for the annual depletions associated with the evaporation from the pond created by Elam with an exposed water surface area of 3.6 acres. Any out of priority depletions associated with the original exposed surface area of 3.6 acres have been replaced through the operation of the plan for augmentation decreed in Case No. 05CW076. Subsequently, the Pit was mined by Kirkland Construction, RLLP and expanded pursuant to the Well Permit. Mining has ceased at the Pit and the resulting pond has been surveyed and the total exposed water surface area is now 7.8 acres. This Application seeks an underground water right for just the annual depletions associated with the evaporation from the additional 4.2 exposed water surface acres and a plan for augmentation for the out of priority depletions associated with the additional 4.2 exposed water surface acres. 6. Legal Description of Structure: DeBeque Gravel Pit. First Enlargement The DeBeque Gravel Pit. First Enlargement is located in the NE1/4 of the SE1/4 and the SE !4 of the SE 1,4 of Section 8. Township 9 South. Range 97 West. 6th P.M. The approximate location of the DeBeque Gravel Pit is shown on the map attached hereto as Figure 1. Coordinates for the approximate center of the pit pond are Zone 12, NAD83, 738608m E. 4352064m N. See Figure 2. 7. Source and Depth: The Pit is a gravel pit located in alluvial deposits adjacent to the Colorado River and it intercepts and withdraws groundwater tributary to the Colorado River. The estimated total maximum depth of the Pit is 30 feet. 8. Appropriation Date and Date Put to Beneficial Use: April 6, 2012.