PERMFILE68506

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 5/2/2006
• Doc Name: Witness list and exhibits
• From: Bill Welch
• To: DMG
• Media Type: D
• Archive: No

03-141Y 3006 11:16 FROlA-Colorado Divisi~~^gl Minerals & Geolosy [phone] --.1 T-247 P.017/023 F-537
„ ~~
131, District Court, Water Division No. 4, approving changes of point of storage and changes of
sources of supply for the Grand Mesa Project decree originally entered January 31, 1964, in Case
No. 4808, Delta County District Court;, amended by decree entered December ] 3, 1972 in Case
No. W-586, District Court, Water Division No. 4. The GMWCD exchange water is decreed for
storage and diversion and use for irrigation, fishing, rerneation, municipal, domestic, and
stockwater, with releases to Ward Creek and Kiser Creek, tributaries to Surface Creek.
10. Statement of Plan for Augmentation: Applicant will use up to 5000 gallons of
water per day for 100 days per year for an annual total diversion of 1.532 acre-feet from BB
Seep. Water from BB Seep will be pumped from the seep and sprayed upon Applicant's near-by
rock quarries to suppress dust from quarry operations in accordance with regulatory permitting
requirements. Applicant's proposed use is considered 100% consumptive. Total annual water
demand is estimated to be 1.532 actafeet for such industrial dust suppression use. Transit losses
for replacement water to the point of depletion are estimated to be 1 % per Haile for 6 miles, or a
total transit loss of 0.092 acre feet See Water Demand table attached as Exhibit B. Out-of-
priority depletions will be augmented from 1.75 acre foot of wager stored in Upper Eggleston
Lake and Arch Slough available to the Applicant under a 10-year lease from GMWCD as more
particulazly described above.
11. Name and Address of Owner on Which Structures Are Located:
Benson Brothers, a Colorado partnership
21240 Austin Road
Austin, CO 81410
[phone]
WHEREFORE, Applicant requests that the Court, after due and proper consultation with
the Division Engineer and/or the State Engineer as required by C.RS. 37-92-302(2)(a), gtartt the
following relief:
A. The Court eater a CONDTtIONAL decree for BB Seep allowing applicant to
divert 3.47 gallons of water per minute (0.007 c.fs.) for industrial use for rock quarry dust
suppression.
B. The Court enter an order approving the plan for augmentation set forth
hereirtabove for the replacement ofout-of-priority depletions of water from BB Seep using Upper
Exfebit for Vcrla Priest Lori Pone[
19316 Ward Creek Road Kaplan, Kirsh & Rockwell 1,LP
Cedared~e, CO 81413 (3031825-7000