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<br /> <br />Ruling of Referee and Decree <br />Case No. 08 CW 166, Div. 5 <br />Page 2 <br />Soaring Eagle Ranch, Ltd., a Colorado corporation ("Soaring Eagle") <br />1972 Broadway, R.R. 3 <br />Grand )unction, CO 81503 <br />(970) 256-1181 <br />2. The statements in the Application are true and correct, except as otherwise noted. <br />3. No statements of opposition to the Application were filed and the time for filing <br />statements of opposition permitted by statute has expired. <br />4. Name of Structure: Soaring Eagle Gravel Pit. <br />5. Legal Description: The Soaring Eagle Gravel Pit is located in portions of the E1/2 <br />NE1/4, Section 34, and NWl/4, Section 35, both in Township 1 North, Range 2 West, <br />Ute Meridian. The center of the Pit will be located approximately 1,000 feet East of the <br />West Section Line and 1,500 feet South of the North Section Line of said Section 35. A <br />map of the location of the Soaring Eagle Gravel Pit is attached hereto as Exhibit A. <br />6. Source and Depth: The Soaring Eagle Gravel Pit is a gravel pit located in alluvial <br />deposits adjacent to the Colorado River, and will intercept and withdraw groundwater <br />tributary to the Colorado River. The estimated total depth of the pit will be seventeen <br />feet. <br />7. Appropriation Date: March 26, 1999. <br />8. Uses: Industrial uses, including but not limited to dewatering of Soaring Eagle Gravel Pit <br />during mining, evaporation during mining activities and after completion of mining <br />activities from the pond referred to in Paragraph 11, below, dust suppression, product <br />moisture losses through aggregate removal and processing, and aggregate washing, all in <br />connection with the mining of sand, gravel, and related products from land on which the <br />Soaring Eagle Gravel Pit is located, and with the reclamation and use of such land during <br />and after completion of such mining. <br />9. Am-o-unt: 319.98 acre feet, conditional. This amount corresponds to the annual <br />depletions resulting from: <br />Use Amount <br />Evaporation (maximum lake area of 80 acres times 3.86 acre 308.80 AF <br />feet per acre) <br />Dust Suppression (160 days of operation per year times 6,000 2.95 AF <br />gallons per day; maximum pumping rate of 400 gpm) <br />Product Moisture (maximum of 280,000 tons of product per 8.23 AF <br />year, 4% moisture content)