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Case Noy. 05CW278 and 06CW12 (Consolidated) <br />Applicant: Flag Resources, Inc. <br />Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court <br />Page 3 <br />Divide Water Conservancy District. Applicant applied for a water service <br />contract with the West Divide Water Conservancy District on March 17, <br />2005. <br />(3) Date Water ARplicd to Beneficial Use: Water was first <br />applied to beneficial use in February 1982. Applicant applied for a water <br />service contract with the West Divide Water Conservancy District on <br />March 17, 2005. <br />D. Amount Claimed: 102 acre feet, annually, absolute (for current <br />buildout of the Gravel Pit Well and mining operations); and an additional 105 <br />acre feet, annually, conditional (for full buildout of the Gravel Pit Well and <br />mining operations). <br />E. Use or Proposed Use: Uses associated with gravel mining and <br />production and post-mining use of the Gravel Pit Well, including without <br />limitation, dust suppression, water in mined product, material washing, <br />evaporation From the exposed surface water area of the Gravel Pit Well, <br />recreation, aesthetic, and fire protection. <br />7. Name of Structure: Flag Resources Well. <br />A. Legal Description: A well located in the NW 1/4 of the SEl/4 of <br />Section 11, T.6S., R.92W. of the 6th P.M. at a point 3,020 feet East of the West <br />Section line and 1,680 feet North of the South Section line. A map depicting the <br />location of the Flag Resources Well is Exhibit A hereto and incorporated herein. <br />B. Amount: 41.5 gpm, absolute, for up to 2 acre feet per year. The <br />Flag Resources Well is currently permitted as Well Permit No. 049611-F. <br />C. Depth: 150 feet. <br />D. Source: Groundwater tributary to Colorado River. <br />E. Appropriation Information: <br />(1) Date of Initiation of Annronriation: March 27, 1998. <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 />procurement of well permit, drilling and construction of Flag Resources <br />Well, diversion of water and application to beneficial use, and