Laserfiche WebLink
<br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 9 <br />"Frazier Lease"). To the extent the water rights and plan for augmentation adjudicated pursuant to <br />this Application relate to the Frazier Property, Applicant's interest in such portion of the water rights <br />and augmentation plan shall cease upon termination or expiration of the Frazier Lease, and shall be <br />assigned by Applicant to the lessors under the Frazier Lease. <br />17. Applicant seeks to change the water rights represented by the twelve shares of the <br />Ditch Company which it owns or controls to allow the following uses in addition to irrigation uses: <br />Industrial uses, including but not limited to dewatering of the Delta Paving Pit Wells during mining, <br />evaporation during mining activities and after completion of mining activities from the Delta Paving <br />Pit Wells, dust suppression, product moisture losses through aggregate removal and processing, and <br />aggregate washing, all in connection with the mining of sand, gravel, and related products from lands <br />on which the Delta Paving Pit Wells are located, and with the reclamation and use of such land <br />during and after completion of such mining. Such uses may be made by direct use or by <br />augmentation, replacement or exchange. <br />18. The above plan for augmentation and changes of water rights will not injuriously <br />affect the owner of or persons entitled to use water under a vested water right or a decreed <br />conditional water right. <br />CONCLUSIONS OF LAW <br />19. The Application herein is one contemplated by law, and this Court has jurisdiction <br />over the subject matter of this proceeding. <br />20. 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. <br />21. The Applicant has initiated a valid appropriation of the water rights for the Delta <br />Paving Pit Wells as of the date claimed in the Application. Water is available for appropriation under <br />this priority. Water can and will be diverted, stored, and/or otherwise captured, possessed, and <br />controlled and will be beneficially used under the conditional water right for the Delta Paving Pit <br />Wells, and the appropriation can and will be completed with diligence and within a reasonable time. <br />22. The plan for augmentation described in the Findings Re: Second Claim for Relief, <br />above, meets the statutory criteria for a plan for augmentation as set forth in Sections 37-92-103(9), <br />-302(1), and -305(8), C.R.S., and is one contemplated by law. If the plan for augmentation is <br />operated and administered in accordance with the conditions hereof, such plan and the operation of