Laserfiche WebLink
Case Nos. 05CW278 and 06CW 12 (Consolidated) <br />Applicant: Flag Resources, Inc. <br />Findings or fact, Ruling of Referee, and Judgment and Decree of Water Court <br />Page 2 <br />2. Applicant filed an Application for Water Rights on December 30, 2005 <br />(Case No. 05CW278). Applicant also filed an Application for Approval of Plan of <br />Augmentation on January 31, 2006 (Case No. 06CW 12). On November 14, 2006, the <br />Water Court entered an Order consolidating these cases. <br />3: The Applications were properly published in the resume for Water <br />Division No. 5. All notices required by law have been made, and the Court has <br />jurisdiction over the Applications and over all of the parties in this case. <br />4. None of the water rights or sources thereof involved in these Applications <br />are located within a designated ground water basin. <br />5. No Statements of Opposition to either Application were filed. The time <br />for filing such statements has expired. <br />GROUNDWATER RIGHTS <br />6. Name of Structure: Flag Resources Gravel Pit Well (hereinafter "Gravel <br />Pit Well"). <br />A. Legal Description: A 73.1 acre gravel pit located within the <br />S1/2NE1/4, the SE1/4NW1/4, the N1/2SE1/4, the N1/2SW1/4, and the <br />SEl/4SW 1/4, all in of Section 11, T.6S., R.92W, of the 6th P.M. The center of <br />the pit is located at a point approximately 2,145 feet west of the East Section line <br />and 2,500 feet North of the South Section line in Section 11, T.6S., R.92W. of <br />the 6th P.M. A map depicting the location of the Gravel Pit Well is Exhibit A <br />hereto and incorporated herein. <br />B. Source: Groundwater tributary to the Colorado River. The Gravel <br />Pit Well also intercepts local surface runoff and springs and seeps. <br />C. Appropriation Information: <br />(1) Date of Initiation of Appropriation: March 17, 2005. <br />(2) How Appropriation Was Initiated: By formation of requisite <br />intent to appropriate coupled with actions manifesting such an intent <br />sufficient to put third parties on notice, including but not limited to <br />initiation of gravel mining and production, exposure of groundwater, <br />diversion of water and application to beneficial use, and replacement of <br />out-of-priority depletions associated with the Gravel Pit Well under the <br />substitute water supply plan approved by the State Engineer for the West