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<br /> <br />Ruling of Referee and Decree <br />Grand Junction Concrete Pipe Co. <br />Case No. 06 CW 87 <br />Page 3 <br />4. Applicant in its Application requests that the court enter an order determining that Applicant <br />has been reasonably diligent in this diligence period in the development of the Water Rights <br />and that the decree for the Water Rights be continued. Applicant has provided a detailed <br />outline in the Application of the work that has been done toward or for completion of the <br />appropriation of the Water Right. <br />5. After the informal investigation mandated by § 37-92-302(4), C.R.S., the Referee finds that <br />the statements in the Application are true. The referee further specifically finds as follows: <br />A. Each of the Water Rights is a feature of an integrated system to provide water for the <br />mining of sand, gravel and related products from the property on which the Water <br />Rights are located. <br />B. During the intervening years after the original decree for the Water Rights was <br />entered, the Applicant has shown to the Court that reasonable diligence has been <br />exercised in the development of the Water Rights <br />C. That the Applicant has made a steady application of effort to complete the <br />appropriation of the Water Rights in a reasonably expedient and efficient manner <br />under all the facts and circumstances and, accordingly, that Applicant has been <br />reasonably diligent in the preceding diligence period with respect to the development <br />of the Water Rights. <br />6. In addition, Applicant requests that the court enter an order that a portion of the Water Rights <br />has been put to beneficial use during this diligence period. The Referee specifically finds as <br />follows: <br />A. Applicant has diverted and/or used the following amounts of water under the Water <br />Rights during this diligence period. Annual amounts are based on a water year <br />extending from November 1 of one year to October 31 of the next year. <br />B. Applicant has exposed 2.9 acres of groundwater to the atmosphere. In water year <br />2005, evaporation losses totaled 7.53 acre feet of water. Applicant also dewatered <br />the gravel pits at the maximum rate of 800 g.p.m. during its mining activities. <br />C. Applicant has diverted and used water under the Water Rights for dust suppression <br />purposes. In water year 2005, Applicant diverted and used 1.45 acre feet ofwater for <br />dust suppression purposes. <br />D. Applicant has withdrawn and used water under the Water Rights in the form of <br />product moisture losses from the material removed from the gravel pits associated <br />with the Water Rights. Applicant mined 110,000 tons of product from the gravel pit <br />in water year 2004. The product moisture losses associated with this material totaled <br />3.24 acre feet, assuming a product moisture content of 4 percent. <br />7. Accordingly, the Water Rights should be made absolute in.the following amounts, based <br />upon the amounts used as set forth above: