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<br />Ruling of Referee and Decree <br />Case No. 08 CW 166, Div. 5 <br />Page 3 <br />in addition to the amounts consumed as described above, water will be pumped from the <br />Soaring Eagle Gravel Pit for dewatering of the Pit during mining at 800 gpm and for <br />aggregate washing at 1,200 gpm. <br />Water pumped from the Pit under the dewatering use will be discharged to the Colorado <br />River, which is adjacent to the Pit. The water pumped from the Pit for aggregate washing <br />will be used in a wash plant to wash product removed from the Pit. A portion of the <br />water used for aggregate washing will be retained in the washed product as product <br />moisture. This amount is included in the product moisture losses described above. The <br />remainder of the aggregate washing water will be discharged into the Colorado River <br />after it has been used to wash the product. <br />10. Name and Address of Owners or Reputed Owners of the Land Upon Which Any New <br />Diversion or Storage Structure or Modification to AU Existing Diversion or Storage <br />Structure Is or Will Be Constructed or Upon Which Water Is or Will Be Stored. Including <br />My Modification to the Existing Storage Pool: The Soaring Eagle Gravel Pit is located <br />on land owned by Patricia J. Barnes and William L. Barnes. The owners of such land <br />have leased the land to Soaring Eagle, which in turn has subleased the land to Grand <br />Junction Pipe by lease dated June 2, 1998 (the "Lease"). <br />11. Remarks: <br />Applicant Grand Junction Pipe obtained Well Permit No. 051586-F ("Existing Well <br />Permit") on March 26, 1999, for this Pit from the State Engineer's office, pursuant to § <br />37-90-137(11), C.R.S. Applicant Grand Junction Pipe has been mining at the Soaring <br />Eagle Gravel Pit since the Existing Well Permit was issued in 1999, and there have been <br />withdrawals of water from the Pit pursuant to those mining operations. Maximum annual <br />withdrawals and depletions from the Pit have not exceeded the total authorized <br />appropriation amount set forth in the Existing Well Permit (628.11 acre feet). However, <br />the amounts anticipated for some of the uses described in the Existing Well Permit have <br />changed. Applicant Grand Junction Pipe will apply for an amendment to the Existing <br />Well Permit. Accordingly, since an amendment to the Existing Well Permit has not yet <br />been applied for or issued, the amounts set forth in Paragraph 9, above are claimed as <br />conditional water rights. <br />Applicant Grand Junction Pipe is mining sand, gravel and related products from the <br />Soaring Eagle Gravel Pit and from the property on which it is located, pursuant to the <br />Lease. The property is located near the Colorado River. During and after the mining of <br />the property, groundwater will be exposed to the atmosphere and will be used for mining <br />and reclamation purposes, as described above. The property will be mined to a depth of <br />approximately seventeen feet, and will create a pond with a maximum surface area of <br />approximately 80 acres. This pond will remain after the completion of mining activities. <br />The mining activities are conducted approximately four months per year. However, dust <br />control activities occur at the site approximately 160 days per year (twenty days per <br />month for eight months) and aggregate washing activities may be conducted year around.