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0 0 <br />Delta Paving Pits <br />Ruling of Referee - Case 99CW 128 <br />Page 10 <br />the Delta Paving Pit Wells under the plan will not cause material injury to any vested water rights <br />or decreed conditional water rights on the Gunnison River, or its tributaries. <br />RULING <br />23. The Findings of Fact and Conclusions of Law set forth above are hereby approved <br />and confirmed, and are incorporated into this Ruling by : efererce. <br />24. The application for underground water rights for the Delta Paving Pit Wells, set forth <br />in the First Claim for Relief of the Application, is hereby approved. A conditional water right is <br />hereby confirmed to the Delta Paving Pit Wells, in the following amounts and rates: 218.75 acre feet <br />per year for evaporation losses; 3.7 acre feet per year for product moisture losses; 1,000 g.p.m. for <br />aggregate washing purposes; 300 g.p.m. for dust suppression purposes (2.70 acre feet per year); and <br />800 g.p.m. for dewatering purposes. The award of said conditional water right is on the condition <br />that said quantity of water be diverted and applied to beneficial use within a reasonable time. Such <br />water right is subject to all earlier priority rights of others and to the integration and tabulation by <br />the Division Engineer of such priority and in accordance with law. <br />25. The application for approval of the plan for augmentation set forth in the Second <br />Claim for Relief of the Application is hereby approved. The Delta Paving Pit Wells may be <br />constructed and may divert water in accordance with this Ruling of Referee and may be operated in <br />accordance with this Ruling of Referee. Applicant shall have the right to divert water out of priority <br />from and at the Delta Paving Pit Wells so long as adequate water is available and provided to <br />augment depletions from such diversions, as set forth in the Plan for Augmentation described above. <br />Pursuant to C.R.S. 37-92-305(8), the Division Engineer for Water Division 4 shall curtail all out of <br />priority diversions from the Delta Paving Pit Wells the depletions from which are not so replaced <br />as to prevent injury to vested water rights. The Applicant and its assigns understand that a portion <br />of the replacement water is a leased supply, and if such lease should expire, fail to be renewed, is <br />terminated, or an alternative source of replacement water is not included in this decree by proper <br />amendment prior to such expiration, curtailment of all out of priority diversions being augmented <br />by the leased supply will occur. <br />26. The application for change of water rights set forth in the Second Claim for Relief <br />of the Application is hereby approved. The water rights represented by the ten shares of the capital <br />stock of the Ditch Company owned by the Applicant and the two shares of the capital stock of the <br />Ditch Company leased by Applicant are hereby changed to allow the following uses, in addition to <br />the original irrigation uses: Industrial uses, including but not limited to dewatering of the Delta <br />Paving Pit Wells during mining, evaporation during mining activities and after completion ofmining <br />activities from the Delta Paving Pit Wells, dust suppression, product moisture losses through