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<br />Mrs. Judy Sappington <br />State Engineer's Office <br />August 25, 1992 <br />Page 4 <br /> <br />The total annual consumptive use for the operation is <br />projected as follows: <br />Evaporation <br />Moisture Retained <br />in Material <br />Dust Control <br />Total <br />2.62 acre-feet <br />8.83 acre-feet <br />3.13 acre-feet <br />---------------- <br />14.59 acre-feet <br />C. RSPLACSI4ENTS <br />1. Source of Replacements <br />The Boyd and Freeman Ditch is the sole supply of irrigation water <br />for the subject site which will be mined. Approximately 85 acres <br />of the 124 acre site is irrigated with the ditch. <br />Bestway Paving owns 240 shares of the capital stock of the Boyd <br />Irrigation Company. There are a total of 993 shares in the Boyd <br />Irrigation Company and they own the Boyd and Freeman Ditch. <br />Attached with this letter is a copy of the stock certificate. <br />The decree for the Boyd and Freeman Ditch, enclosed with this <br />letter as Exhibit A, can be summarized as follows: <br />AMOUNT ADJUDICATION APPROPRIATION <br />(CFS) DATE DATE <br />------------------------------------------------ <br />54.05 04/11/1882 03/15/1862 <br />The Boyd and Freeman Ditch originally had three decrees. The first <br />decree is for 66.05 cubic feet per second. The other two decrees <br />to the ditch were for the first and second enlargement of the ditch <br />and the corresponding amounts were for 9.00 and 24.23 cubic feet <br />per second respectively. Both decrees associated with the ditch <br />enlargements were abandoned. In addition, in 1926 two transfers <br />were made from the Boyd and Freeman Ditch to the Cities of Greeley <br />and Fort Collins for the amounts of 5.00 and 7.00 cfs. Therefore, <br />only the first decree is valid and 54.05 cfs is committed to the <br />ditch. <br />