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<br />• 0 <br />Application of Grand Junction Concrete Pipe Co. <br />Case No. 04CW129 <br />Ruling of Referee and Decree <br />Page 4 <br />also dewatered the 23 Road Pit Enlargement gravel pit during its mining activities. The dewatering <br />was accomplished by pumping at a maximum rate of 800 gallons per minute. <br />B . Applicant has diverted and used water under the Water Right for dust <br />suppression purposes. In 1999, Applicant diverted and used 748,000 gallons of water, or 2.30 acre <br />feet, for dust suppression purposes. The water was pumped from the 23 Road Pit Enlargement <br />gravel pit at a maximum rate of 200 gallons per minute for dust suppression purposes. <br />C. Applicant has withdrawn and used water under the Water Right in the form of <br />product moisture losses associated with the material removed from the 23 Road Pit Enlargement <br />gravel pit. Applicant mined in excess of 100,000 tons of product from the gravel pit in 1999 and <br />agin in 2002. The product moisture losses associated with this material totaled at least 2.94 acre feet <br />per year, assuming a product moisture content of four percent. <br />D. Applicant has diverted and used water under the Water Right for aggregate <br />washing purposes. In 1999, Applicant diverted and used approximately 20,448,000 gallons of water, <br />or 62.75 acre feet, for aggregate washing purposes. The water was pumped from the 23 Road Pit <br />Enlargement gravel pit at a maximum rate of 300 gallons per minute for aggregate washing purposes. <br />8. The Referee finds that the Water Right should be made absolute for its decreed <br />industrial uses in the amount of 90.94 acre feet, based upon the diversion of such amount and <br />application of such amount to beneficial use, as described in Paragraph 7, above. <br />9. The Referee further fmds that the Applicant has made a steady application of effort to <br />complete the appropriation of the remainder of the Water Right (34.46 acre feet) in a reasonably <br />expedient and efficient manner under all the facts and circumstances. Applicant has established that <br />water can and will be diverted, stored, and/or otherwise captured, possessed, and controlled under the <br />Water Right and will be beneficially used, and that the appropriation can and will be completed with <br />diligence and within a reasonable time. Accordingly, Applicant has been reasonably diligent in the <br />Current Diligence Period with respect to the development of the remainder of the Water Right. <br />CONCLUSIONS OF LAW <br />10. The Application herein was timely filed and is one contemplated by law, and this <br />Court has jurisdiction over the subject matter of this proceeding. <br />11. Timely and adequate notice of the filing and of the contents of this Application was <br />given as required by law, and this Court and the Referee have jurisdiction over all persons or entities <br />affected hereby, whether they have appeared or not.