2010-06-08_HYDROLOGY - M1979089 - Laserfiche WebLink

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Application of Grand Junction Concrete Pipe Co. Case No. 04CW 129 Ruling of Referee and Decree Page 3 viii. Well Permit: The State Engineer has issued Well Permit No. 49434- F for the 23 Road Pit Enlargement. The water right awarded for the 23 Road Pit Enlargement is subject to the conditions and limitations contained in the Conditions of Approval for such Well Permit. Conditions of Approval Nos. 1 through 11 from the Well Permit were incorporated into the decree for the 23 Road Pit Enlargement by reference. 5. Applicant requests in the Application that the Water Right be made partially absolute in the amount of 90.94 acre feet, based upon the application of such amount to beneficial use. Applicant further requests that the court determine that to the extent the Water Right is not made absolute, Applicant has been reasonably diligent in the development of the Water Right and that the remaining conditional portion of the Water Right be continued in full force and effect. 6. Applicant has provided a detailed outline in the Application of the work that has been done toward or for completion of the appropriation of the Water Right during the diligence period immediately preceding the filing of the Application (the "Current Diligence Period'). That work includes the following: A. Applicant is mining sand, gravel and related products from the 23 Road Pit Enlargement gravel pit and the property on which it is located. The property is located near the Colorado River. When mining is completed, a lake with a maximum surface area of 8.6 acres will be left on the property. The Water Right was adjudicated in connection with the Applicant=s mining and related activities at the 23 Road Pit Enlargement gravel pit. B. Applicant commenced its mining activities at the 23 Road Pit Enlargement in 1909, and to date has exposed approximately 5.0 acres of groundwater to the atmosphere. Applicant moved substantial amounts of equipment on to the property to conduct its mining activities, and has mined over 450,000 tons of material from the property. C. Applicant has expended approximately $64,000 in connection with its mining activities at the 23 Road Pit Enlargement gravel pit and in the development of the Water Right. 7. In the Current Diligence Period, Applicant has diverted and placed to beneficial use a total of 90.94 acre feet of water under the Water Right. This amount is itemized as follows: A. Applicant has exposed 5.0 acres of groundwater to the atmosphere, resulting in evaporation losses of 22.95 acre feet of water (5.0 acres times 4.59 acre feet per acre). Applicant