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1~ <br />Ruling of Referee <br />Rivers Edge - 00 CW 244 <br />Page 6 <br />(50 shazes x 0.017 c.f.s. per share) and have <br />to 30.85 acres of land which have been rep <br />fully described in Pazagraph 15, below. <br />I5. <br />A. The Custom Crushing Pits aze three proposed ~ <br />owned by Applicant. Mining operations will be conducted whe <br />at any time of the year. Applicant estimates that a maximum of <br />be mined each yeaz until the gravel is mined out. Applicant w <br />Colorado Division of Minerals and Geology in connection <br />operations. The Custom Crushing Pits will intercept groundw <br />will result in the formation of three ponds with a total maximu¢ <br />of 23 acres. Water may be pumped from these ponds and used <br />and aggregate washing. Depletions will occur from these dust <br />washing operations. In addition, depletions will occur from eva; <br />from product moisture loss related to moisture in the mined m <br />Pits will also be dewatered, with the water being dischazged t <br />amount of product mined and the mining operations period may <br />augmentafion plan as approved herein shall allow for changes <br />of the mining operations, and the time period of the mining oper <br />of amending this augmentation plan. However, the Plan for Au <br />to the total projected depletions identified in this Ruling. An; <br />timing of uses must be contingent upon submission of revised cc <br />and approval by, the Division Engineer. <br />B. The Colorado River is considered over-appropr <br />anytime during the imgation season of April 15 through Octob <br />the historic call period (the "Historic Call Period"). ApF <br />augmentation plan to replace out of priority depletions during tr <br />water rights claimed for the Custom Crushing Pits have histor <br />November 1 through April 14, and no augmentation or replace. <br />required during those months, unless required to satisfy a valid <br />C. Water diversions and depletions from the <br />operation and build-out, will be as follows: <br />;d a full irrigation supply <br />from irrigation, as more <br />ravel pits located on lands <br />i necessary and could occur <br />00,000 tons of material will <br />11 obtain a permit from the <br />with its proposed mining <br />Rer, and mining operations <br />exposed water surface azea <br />~n-site for dust suppression <br />suppression and aggregate <br />oration from the ponds and <br />terial. During mining, the <br />the Colorado River. The <br />nary from yeaz to yeaz. The <br />n the pond sizes, the scope <br />lions without the necessity <br />;mentation shall be limited <br />change in the mix and/or <br />use estimates to, <br />ted, and a call may occur <br />31 of each yeaz, which is <br />cant has developed this <br />Historic Call Period. The <br />ally been in priority from <br />ent of depletions shall be <br />Crushing Pits, at full <br />(I) Water will evaporate from the exposed water surface azeas of the <br />Custom Crushing Pits. Net evaporative depletions fromlthe Custom Crushing Pits <br />from a total exposed water surface area of 23 acres will be 69.43 acre feet per year, <br />