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. SAT! OF MgILING <br />2 <br />Filed in The District Court <br />~.. ~A(~1P.r Ihcicinn i=n9~ <br />~'ai 2 c 17Sa <br />DISTRICT COURT, WATER DIVISION NO. 4, COLORADO KgyFhilllpe,Glalk <br />Case No. 97 CW 31 i <br />FINDINGS AND RULING OF REFEREE AND DECREE <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: <br />JAMES M. CARVER, JOYCE M. CARVER, as joint tenants; JERRY W. <br />TRUDELL and BRIAN W. WILSON, tenants in common; and WESTERN <br />GRAVEL, INC. as Lessee, <br />IN THE UNCOMPAHGRE RIVER, MONTROSE COUNTY, COLORADO. <br />Applicants James M. Carver, Joyce M. Carver, Jerry W. <br />Trudell and Brian Wilson, with a common mailing address for the <br />purpose of this Application of 701 South Second Street, Montrose, <br />Colorado, request a groundwater extraction water right, plan of <br />augmentation, augmentation storage right and change of use by <br />application filed on the 10th day of March, 1997. <br />FINDINGS OF FACT <br />1. All notices required by law of the filing of this <br />Application have been given. The time for filing of statements <br />of opposition has expired. A Statement of Opposition was filed <br />by the State Engineer Colorado Division of Water Resources. The <br />concerns of the State Eroineer have been resolved. <br />2. Applicants request a conditional ground water right <br />for diversion through excavation of a gravel pit that will <br />intersect the water table. The final surface of the resulting <br />pond will have an area of 24.25 acres. The diversion will occur <br />within the SE1~4 of the SE1~4, Section 18, Township 49 North, <br />Range 9 West, N.M.P.M., Montrose County, Colorado. The central <br />point for the extraction is located 500 feet North of the South <br />section line and 1200 feet west of the east section line of said <br />Section 18. The pond will be used for wildlife, fishery, <br />recreational and livestock. The only consumptive uses will be <br />through natural evaporation and while gravel is being mined at an <br />assumed rate of loss for insitu moisture of 48 of the annual <br />mined product. The evaporation loss from the final surface of <br />the pond expressed annually will be 62.53 acre feet of water. <br />Anticipated time to finally develop the pond is fifteen years. <br />