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<br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 4 <br />A. The Applicant owns ten shares, and has leased an additional two shares, of the capital <br />stock of the Bona Fide Ditch Company ("Ditch Company"), which has a total of 500 shares issued <br />and outstanding. Water produced under these twelve shares will be used for augmentation. The <br />Ditch Company owns the following decree: <br />(I) Bona Fide Ditch <br />A. Date Decree Entered: February 25, 1903 <br />Civil Action No. 374, Delta County District Court <br />B. Type of water right: Surface (direct flow) <br />C. Legal description of point of diversion: The decreed point of diversion for the <br />Bona Fide Ditch is described as follows: The headgate is situated on the left <br />bank of the Gunnison River at a point whence the corner of Sections 1, 6, 7, <br />and 12, in T. 15 S., R. 95 W., 6th P.M., bears South 55°40' E. 46.46 chains <br />distant. The actual point of diversion is located in the SEl/4 NW1/4 SE1/4 <br />of Section 1, T.15 S., R. 95 W., 6th P.M., at a point approximately 3,500 feet <br />East of the West line and 1,700 feet North of the South line of said Section <br />1. <br />D. Source: Gunnison River. <br />E. Appropriation Date: November 30, 188 1. <br />F. Amount: 65 c.f.s. <br />G. Decreed and Historic Use: The Bona Fide Ditch was decreed for irrigation <br />purposes. Applicant's twelve shares equate to a flow of 1.56 c.f.s., and have <br />provided a full irrigation supply to 48.8 acres of land which will be removed <br />from irrigation, as more fully described in Paragraph 16, below. <br />B. To the extent necessary to augment depletions when Applicant's water rights <br />are out of priority, Applicant will also enter into a water supply contract with the United <br />States Bureau of Reclamation to purchase water from Bureau of Reclamation facilities, or <br />will purchase water from other sources. See Paragraph 16, below.