HYDRO28102 - Laserfiche WebLink

Home Browse Search

i `1 ~ Ruling of Referee Colorado Rivers Edge - 00 CW 244 ~ Page 4 connection with the mining of sand, gravel, and related products from the land on which the Custom Crushing Pits aze to be located. These uses will be made in accoirdance with the Plan for Augmentation, described below, when required to satisfy a valid call. i 11. The Applicant has initiated a valid appropriation of the waters of the Custom Crushing Pits as of the date set forth in Paragraph 8, above. Water is available for appropriation under this priority per a plan for augmentation. Applicant has established that water can and will be diverted and/or otherwise captured, possessed, and controlled and will be beneficially used, and that the appropriation can and will be completed with diligence and within a reasonable time. 12. The water which collects in the Custom Crushing Pits is not in storage, as defined in §37-92-103(10.5), C.R.S., and, in the administration of the water rights confirmed herein, statutes and other law relating to the storage of water, including without limitation §37-92-502(3), C.R.S., shall not be applicable. ~ i Findines Re: Second Claim for Relief ' i (Plan for Augmentation and Change of Water Rights) 13. Names of structures to be augmented: The Custom Crusli ing Pits, described in the First Claim for Relief, above. 14. Description of water rights to be used for augmentation: , A. The Applicant owns 2.03 shazes of the capital stock of the Grand River Ditch Company, which has a total of 270 shares issued and outstanding. Water produced under these 2.03 shazes will be used for augmentation and replacement parposes. The Grand River Ditch Company owns the following decree: Lower Cactus Yallev Ditch I i. Date Decree Entered: May 11, 1889 Civil Action No. 103, Garfield County District Ciurt ii. Type of water right: Surface (direct flow) iii. Legal description of point of diversion: The decreed point of diversion for the Lower Cactus Valley Ditch is described as follows: The headgate is situated on the northerly bank of the Grand (Colorado) River at a point whence the 114 corner between Sections 5 and 6, T. 6 S., R. 91 VJ., 6th P.M., beazs North 47 degrees West 3370 feet.