ENFORCE20109

• Permit No: M1996008
• IBM Index Class Name: Enforcement
• Doc Date: 7/29/2003
• Doc Name: Findings and Ruling of Referee and Decree
• From: District Court Water Division No. 4
• To: DMG
• Media Type: D
• Archive: No

for augmentation, replacement water will be provided to the
extent necessary to meet the lawful requirements of and prevent
injury to senior diverters at the time and location and to the
extent senior diverters would otherwise be injured by evaporation
from the NR-34 Gravel Pit and the augmentation pond.
RULING
Applicant is hereby granted a conditional ground water
right for Carver Pit Well in the amount of 62.53 acre-feet per
year at the location above described to be used for wildlife,
commercial, fishery, recreational and livestock with an
appropriation date of July 29, 1994. The amount of the right is
62.53 acre-feet per year.
Applicant is further granted a conditional storage
right for the Carver Augmentation Pond for 8.06 acre-feet as an
on premises augmentation pond. During the active mine period the
long term post-mine winter augmentation storage right is 6.56
acre-feet allowing a release capacity of 5.09, and the associated
0.56 acre-feet of evaporative losses and 0.91 acre-feet of
uncredited leakage. Water for augmentation is to be taken from a
total historical consumptive use of 19.97 acre-feet during the
months of May through October and placed in the augmentation
pond. The date of appropriation shall be July 29, 1994, and uses
shall be augmentation, wildlife, piscatorial, recreational,
industrial and livestock.
Applicants are granted a change in use of the Sunrise
Ditch Priority #13. 24.25 acres of the 50.98 irrigated acres are
hereby converted to and governed by the augmentation plan
resulting in 0.49 c.f.s. transferred to the augmentation plan for
the uses above stated. The remaining 0.54 c.f.s. will remain
unchanged.
Applicant is further granted approval of the
augmentation plan stated herein including the above described
change of use, and use of the augmentation pond above described
to facilitate releases for senior users in the event of any call
placed upon the river, The State Engineer, Division Engineer,
and other water officials shall administer the plan for
augmentation as follows:
a. by curtailing diversion from the Sunrise Ditch for
irrigation purposes to replace evaporative losses and
production losses, and to service the augmentation pond.
This determination can be made on the basis of an acreage
determination of the gravel pit as it develops, estimated to
obtain a maximum size of 24.25 acres within fifteen years;
b. by determining the proper construction and
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