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Findings of Fact,Conclusions of Law,Ruling of the Referee and Decree of the Water Court Thomas F.and Ginger L.Latham 23CW3022 Page 3 9. Amount and Use: 12.64 acre feet per year, absolute, for evaporative loss from the 4.2 acres of exposed water surface area of the pond. 10. Name and Address of Owner of Land on Which the Structure is Located: The Applicants. 11. Remarks: Applicants request a finding that the water which collects in the Pit is not in storage. as defined in C.R.S. § 37-92-103(10.5)and that, in the administration of the water rights granted pursuant to this Application, statutes and other law relating to the storage of water, including without limitation C.R.S. § 37-92-502(3), shall not be applicable. 12. Water is available for appropriation under this priority. The Applicants have provided evidence of and the Referee specifically finds that 12.64 acre feet of water has been diverted, or otherwise captured, possessed, and controlled and has been applied to the decreed beneficial use. FINDINGS RE: SECOND CLAIM FOR RELIEF (Plan for Augmentation and Change of Water Right) 13. Structure to be Augmented: The DeBeque Gravel Pit, First Enlargement, described in the First Claim for Relief. A. Depletions: The monthly distribution of average evaporative losses from the additional 4.2 acres of exposed groundwater at the Pit is presented in Table 1. Such losses will result in depletions to the Colorado River. The timing of depletions to the river in response to evaporation from the additional 4.2 acres of exposed groundwater at the Pit was evaluated by using the Well Pumping Depletion Model (©2001, Western Water Consulting, Inc.). The analysis assumes that the alluvial aquifer is isotropic, homogeneous, of uniform thickness, and bounded by the river to the west and a no-flow boundary corresponding with the edge of the river valley to the east. The input parameters for the model include stream/aquifer geometries. transmissi‘ity (hydraulic conductivity and aquifer thickness). and specific yield. Because site-specific hydraulic data are not available, estimates of hydraulic conductivity and specific yield were obtained from literature xalues for the lithology present at the site. The input parameters used to run the model are as follow s: • Average distance from river to pit pond: 480 feet • Distance from river to no-flow boundary: 2000 feet • Transmissivity: 50,880 gallons per day per foot (gpd!ft) • Specific yield: 0.2