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(9) LOCATION: <br />A. NW1/4NW1/4 Section 14 Township 36 North Ranee 9 West, N.M.P.M., being <br />a roximatel 350 feet from the North section line and 550 feet from the West section line. Street <br />Address 691 County Road 252 Durango Colorado all as shown on the attached map designated as <br />Sandco Pit attached as Exhibit A-1 and a vicinity map attached as Exhibit A-2. <br />(10) SOURCE: Animas River <br />DEPTH: 35 feet <br />(11) TYPE OF USE: Industrial for a gravel12it mining operation due to interception of ground water <br />pursuant to C R S §37-90-137(ii) and for irrigation. <br />(12) TOTAL AMOUNT OF WATER: 123 acre feet with a rate not to exceed 350 gallons per minute <br />to allow for water evaporation losses and irrigation of 4.2 acres around the parameter of the lake <br />(gravel pit), not to exceed 123 acre feet during the gravel mining operations and subject to the <br />further limitation of 101.5 acre feet after completion of the gravel mining operation, all as per <br />Colorado Well Permit No. 59213-F, attached as Exhibit B. <br />(13) It is the further Finding of this Court that there has been reasonable diligence work done with <br />respect to the aforesaid well. That is, the Applicant has spent considerable efforts and monies in <br />obtaining a Zoning Map Change and a Special Use Permit for land uses in the Animas Valley in <br />the area of the proposed gravel pit. In addition, the Applicant has complied with the well permit <br />by exposing ground water at 14 feet from the ground surface on March 4, 2005. <br />(14) The recommendation of the Division Engineer dated November 17, 2004 recommending entry of a <br />Decree with conditions is hereby adopted. <br />CONCLUSIONS OF LAW <br />1. The Court has jurisdiction over these proceedings and over all persons and water rights <br />thereby whether they have appeared or not. <br />THEREFORE, IT IS ADJUDGED AND DECREED: <br />2. The provisions of paragraphs 1 through 14 are incorporated herein. <br />3. The statements in the application are true and the Applicant is granted a conditional water <br />right subject to the following terms and conditions: <br />a. The Applicant shall locate a pumping station at one or more places throughout the <br />gravel mining operation and notify the Division Engineer of the same. When the gravel mining operation <br />has been completed, the pumping station(s) will be designated as part of any final decree making these <br />water rights absolute.