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~i <br />'~ ' f <br />Ruling of Referee <br />Rivers Edge - 00 CW 244 <br />Page 4 <br />connection with the mining of sand, gravel, and related products from the land on which the Custom <br />Crushing Pits aze to be located. These uses will be made in accordance with the Plan for <br />Augmentation, described below, when required to satisfy a valid call. <br />I I. The Applicant has initiated a valid appropriation of the waters of the Custom <br />Crushing Pits as of the date set forth in Pazagraph 8, above. Water is available for appropriation <br />under this priority per a plan for augmentation. Applicant has established that water can and will <br />be diverted and/or otherwise captured, possessed, and controlled and will be beneficially used, and <br />that the appropriation can and will be completed with diligence and within a reasonable time. <br />12. The water which collects in the Custom Crushing Pits is of in storage, as defined in <br />§37-92-103(10.5), C.R.S., and, in the administration of the water rightsconfirmed herein, statutes <br />and other law relating to the storage of water, including without limitat ~ n §37-92-502(3), C.R.S., <br />shall not be applicable. <br />Findines Re: Second Claim for Relief <br />(Plan for Augmentation and Change of Water <br />,i <br />13. Names of structures to be au ented: The Custom Crushing Pits, described in the <br />First Claim for Relief, above. <br />14. Description of water rights to be used for augmentation: <br />A. The Applicant owns 2.03 shazes of the capital stock of the Grand River Ditch <br />Company, which has a total of 270 shazes issued and outstanding. Water produced under <br />these 2.03 shares will be used For augmentation and replacement purposes. The Grand River <br />Ditch Company owns the following decree: i <br />Lower Cactus Yallev Ditch <br />Date Decree Entered: May 11, 1889 <br />Civil Action No. 103, Garfield County District <br />ii. Type of water right: Surface (direct flow) <br />iii. Legal description of point of diversion: <br />Lower Cactus Valley Ditch is described as follow <br />on the northerly bank of the Grand (Colorado) R <br />1 /4 corner between Sections 5 and 6, T. 6 S., R. 91 <br />47 degrees West 3370 feet. <br />point of diversion for the <br />The headgate is situated <br />er at a point whence the <br />U., 6th P.M., bears North <br />