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<br /> <br />Ruling of Referee and Decree <br />Grand Junction Concrete Pipe Co. <br />Case No. 46 CW 87 <br />Page 2 <br />No. 1, Delta Paving Pit Well No. 2, Delta Paving Pit Well No. 3, Delta Paving Pit <br />Well No. 4, and Delta Paving Pit Well No. 5. <br />B. Decreed: Date of original decree: May 10, 2000, Case No. 99CW 128, Water Court, <br />Water Division 4 <br />C. Location of Point of Diversion: The Delta Paving Pit Wells are and will be located in <br />the south half of Section 3 and the north half of Section 10, T. 15 S., R. 95 W., 6th <br />P.M., at the following locations: <br />Delta Paving Pit Well No. 1: 2200 feet West of the East line and 200 feet North of <br />the South line of said Section 3. <br />Delta Pavinlr Pit Well No. 2: 1700 feet West of the East line and 300 feet North of <br />the South line of said Section 3. <br />Delta Paviniz Pit Well No. 3: 1100 feet West of the East line and 400 feet North of <br />the South line of said Section 3. <br />Delta Paving Pit Well No. 4: 1600 feet West of the East line and 800 feet South of <br />the North line of said Section. 10. <br />Delta Paving Pit Well No. 5: 2300 feet West of the East line and 1600 feet South of <br />the North line of said Section 10. <br />D. 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 <br />tributary to the Gunnison River. <br />E. Appropriation Date: The appropriation date for the Delta Paving Pit Wells is <br />June 19, 1998. <br />F. Amounts: 218.75 acre feet per year for evaporation losses and 3.7 acre feet per year <br />for product moisture losses from the Delta Paving Pit Wells. In addition,, water will <br />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 <br />year), and 1,000 g.p.m. for aggregate washing purposes. All amounts are decreed <br />conditional. <br />G. Uses: Industrial uses, including but not limited to dewatering of the Delta Paving Pit <br />Wells during mining, evaporation during mining activities and after completion of <br />mining activities from the Delta Paving Pit Wells, dust suppression, product moisture <br />losses through aggregate removal and processing, and aggregate washing, all in <br />connection with the mining of sand, gravel, and related products from the lands on <br />which the Delta Paving Pit Wells are located, and with.the reclamation and use of <br />such land during and after completion of such mining. <br />H. Well Permit: The State Engineer has issued Well Permit No. 053787-F for the Delta <br />Paving Pit Wells.