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<br />E <br />Ruling of Referee and Decree <br />Grand Junction Concrete Pipe Co. <br />Case No. 06 CW 87 <br />Page 4 <br />Evaporation Losses 7.53 acre feet <br />Dust Suppression 1.45 acre feet <br />Product Moisture Loss 3.24 acre feet <br />Dewatering 800 g.p.m. (1.78 c.f.s.) <br />8. The Applicant should be awarded the relief requested in its Application. <br />CONCLUSIONS OF LAW <br />9. The Application herein was timely filed and is one contemplated by law, and this Court has <br />jurisdiction over the subject matter of this proceeding. <br />10. Timely and adequate notice of the filing and of the contents of this Application was given as <br />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 />11. The Applicant filed a timely and proper application for a finding of reasonable diligence for <br />the Water Rights, as required by law and by the original decree entered with respect to the <br />Water Rights. <br />12. The Applicant has diverted water under the Delta Paving Pit Wells Water Rights, has applied <br />such water to beneficial use as set forth in Paragraph 6 above, has obtained a well permit and <br />is entitled to have the amounts of the Delta Paving Pit Wells Water Rights set forth in <br />Paragraph 7 above made absolute. <br />13. The Applicant has shown reasonable diligence in the development of the remaining <br />conditional portions of the Delta Paving Pit Wells Water Rights during this diligence period. <br />Therefore, the Application should be granted and the remaining conditional portions of the <br />Water Rights should be continued in full force and effect. <br />RULING <br />14. The Findings of Fact and Conclusions of Law set forth above are hereby approved and <br />confirmed, and are incorporated into this Ruling by reference. <br />15. The Application is hereby approved, and the amounts of the Delta Paving Pit Wells Water <br />Rights described in Paragraph 7 are made absolute, with the remainder of the decreed <br />conditional Water Rights described in Paragraph 3 above, hereby continued in full force and <br />effect. The remaining conditional portions of the Water Rights are as follows: evaporation <br />losses, 211.22 acre feet; dust suppression, 1.25 acre feet; product moisture losses, 0.46 acre <br />feet; and aggregate washing, 1,000 g.p.m. (2.22 c.f.s). <br />16. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the <br />sale or other transfer of the conditional Water Rights awarded herein, the transferee shall file <br />with the water court having jurisdiction a notice of transfer which shall state: