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B. Water Rijzht decreed to Well with Permit No. 5659-F, a.k.a. Pollock Well No. 2: <br />1) Prior adjudications: The Pollock Well No. 2 was decreed in Case No. W-2968, <br />District Court, Water Division No. 1, entered September 22, 1978 (identified in <br />previous Referee's Ruling, which Court approved, as W-2968-A64-2-5659F) <br />("Booth Farm Well Right"). Out-of-priority depletions from use of the Booth <br />Farm Well Right for irrigation of land in the UPBCC service area are augmented <br />pursuant to the decree entered in UPBCC's pending application in Case No. <br />02CW401, District Court, Water Division No. 1 ("UPBCC Augmentation Plan"). <br />The UPBCC Augmentation Plan will not augment out-of-priority depletions from <br />use of the Booth Farm Well Right for any purpose other than irrigation of land <br />within the UPBCC service area. Thus, out-of-priority depletions resulting from <br />use of the Booth Farm Well Right as changed in this decree will not be <br />augmented by the UPBCC Augmentation Plan, but must be separately augmented. <br />2) Legal description: The decreed location of the Booth Farm Well Right is in the <br />SW 1/4 of the NW 1/4 of Section 35, Township 4 North, Range 56 West of the 6a' <br />P.M., at a point 95 feet North and 697 feet East of the West 1/4 corner of said <br />Section 35, 6a' P.M., Morgan County, Colorado. <br />3) Source: Ground water. <br />4) Appropriation Date: May 26, 1964. <br />5) Amount: 3.82 c.f.s. <br />6) Decreed use of water: Irrigation, together with Pollock Well No. 1 water right, <br />for irrigation of approximately 285 acres in the SW1/4 and NW1/4 of Section 35, <br />Township 4 North, Range 56 West of the 6a' P.M., Morgan County, Colorado. <br />7) Description of Change: Pinneo seeks to add an alternate use for augmentation <br />and replacement purposes as described in more detail in Paragraph 10 below. No <br />change in point of diversion is requested. Booth Land and Livestock Company, a <br />member of Pinneo, owns the land and well associated with the Booth Farm Well <br />Right.' <br />9. Plan for Augmentation: Pinneo seeks a ruling that its plan for augmentation, including <br />appropriative right of exchange, to replace out-of-priority depletions caused by well <br />pumping at the Pinneo Feedlot will not cause injury to any owner of or persons entitled to <br />use water under a vested water right or a decreed conditional water right. The plan for <br />augmentation is detailed below: <br />1 The Application, as amended, also previously sought approval of a change of water rights represented by shares of <br />stock in the Upper Platte and Beaver Canal Company (UPBCQ. Pinneo no longer seeks approval of a change of <br />water rights represented by UPBCC shares. <br />4of33