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0 <br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 3 <br />8. Source: The Delta Paving Pit Wells are gravel pits located in alluvial deposits <br />adjacent to the Gunnison River, and will intercept and withdraw groundwater tributary to the <br />Gunnison River. <br />9. Appropriation Date: The appropriation date for the Delta Paving Pit Wells is June <br />19, 1998. <br />10. Amounts Claimed: Applicant claims 218.75 acre feet per year for evaporation losses <br />and 3.7 acre feet per year for product moisture losses from the Delta Paving Pit Wells. In addition, <br />water will be pumped from the Delta Paving Pit Wells at the maximum rates of 800 g.p.m. for <br />dewatering purposes, 300 g.p.m. for dust suppression purposes (2.70 acre feet per year), and 1,000 <br />g.p.m. for aggregate washing purposes. All amounts are claimed conditional. <br />11. Uses or proposed uses: Industrial uses, including but not limited to dewatering of the <br />Delta Paving Pit Wells during mining, evaporation during mining activities and after completion of <br />mining activities from the Delta Paving Pit Wells, dust suppression, product moisture losses through <br />aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, <br />gravel, and related products from the lands on which the Delta Paving Pit Wells are located, and with <br />the reclamation and use of such land during and after completion of such mining. <br />12. The Applicant has initiated a valid appropriation of the Delta Paving Pit Wells as of <br />the date set forth in Paragraph 9, above. Water is available for appropriation under this priority. <br />Applicant has established that water can and will be diverted, stored, and/or otherwise captured, <br />possessed, and controlled and will be beneficially used, and that the appropriation can and will be <br />completed with diligence and within a reasonable time. <br />13. The water which collects in the Delta Paving Pit Wells is not in storage, as defined <br />in §37-92-103(10.5), C.R.S., and, in the administration of the water rights confirmed herein, statutes <br />and other law relating to the storage of water, including without limitation §37-92-502(3), C.R.S., <br />shall not be applicable. <br />Findings Re: Second Claim for Relief <br />(Plan for Augmentation and Change of Water Rights) <br />14. Names of structures to be augmented: Delta Paving Pit Wells, described in the <br />Findings Re: First Claim for Relief, above. <br />15. Description of water rights to be used for augmentation: