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1 <br />' Ruling of Referee <br />Colorado Rivers Edge - 00 C W 244 <br />Page 11 <br />farm lateral headgate located on Applicant's property. (For administrative purposes <br />only, the amount attributable to Applicant's shazes shall equa150shazes/2,817 shazes <br />x actual diversions.) The water attributable to Applicant's shazes in the Loesch & <br />Crann Ditch Company will not be diverted or taken from the Last Chance Ditch or <br />otherwise consumptively used, but will be left in said Ditch and returned through the <br />tail water facilities for the Ditch or other facilities deemed acceptable by the Division <br />Engineer to the Colorado River for augmentation and replacement ofout-of-priority <br />depletions from the Custom Crushing Pits. <br />(III) Applicant's 2.03 shares in the Grand River Ditch Company are <br />equivalent to approximately 0.37 c.f.s. ofthe Lower Cactus V alley Ditch water right. <br />When replacement of depletions using such rights is required, such amounts as aze <br />attributable to Applicant's shares, minus transportation losses attributable to such <br />shazes as determined in accordance with the bylaws of the Grand River Ditch <br />Company (currently 22%), shall be taken out of the Lower, Cactus Valley Ditch at the <br />Grand River Ditch Company's Augmentation Water Return'Ditch and shall be <br />returned to the Colorado River through said Augmentation Water Return Ditch for <br />augmentation and replacement of out-of-priority depletions from the Custom <br />Crushing Pits. That portion of the water attributable to Applicant's shares allocated <br />to transportation losses will be left in the Lower Cactus Valley Ditch to compensate <br />forseepageandtransportationlosses. [Foradmittistrativeputposesonly,theamount <br />attributable to Applicant's shares shall equal 2.03 shazes/270 shazes x actual <br />diversions x (100%-22%)]. The headgate of the Augmentation Water Return Ditch <br />shall be located approximately 100 feet west of an existing structure on the Lower <br />Cactus Valley Ditch, known as the Carr Spillway. Applicant's shares in the Grand <br />River Ditch Company shall remain subject to all provisions of the Articles of <br />Incorporation and Bylaws of the Grand River Ditch Company as they presently exist <br />or may hereinafter be amended. Applicant shall continue~paying assessments upon <br />its shazes of stock in the Grand River Ditch Company as may from time to time be <br />levied by the Boazd of Directors and shall otherwise comply with all other lawful <br />obligations of the shareholders of the Grand River Ditch Company. <br />(IV) Water accounting and reporting sheets that aze acceptable to the <br />Division Engineer will be developed and submitted on a schedule acceptable to the <br />Division Engineer. <br />(V) Applicant will install such measuring devices as may reasonably be <br />required by the Division Engineer to facilitate the operation of this plan of <br />augmentation and to assure compliance herewith. <br />