2011-07-26_REVISION - M1997058 (4)

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D. Appropriation Date: October 11, 1996. E. Amount: 25.0 acre -feet, CONDITIONAL. F. Use: Evaporation, recreation, water loss in product during mining and fire protection. G. Remarks: The decree in Case No. 97CW383 also approved an augmentation plan for the Stillwater Ski Lake. The decreed augmentation source is nontributary ground water from the Laramie -Fox Hills aquifer available pursuant to Well Permit No. 049717 -F issued on April 21, 1998 with an annual appropriation of 34 acre -feet at a rate of 25 gpm. Pursuant to the decreed augmentation plan, water is pumped from the permitted Laramie -Fox Hills well and discharged directly into the South Platte River system to augment evaporative losses associated with Stillwater Ski Lake. The estimated annual evaporative losses are 21.48 acre -feet, and the estimated maximum annual amount of augmentation water is 22.0 acre - feet. 8. The referee finds that the following has been done toward completion or for completion of the Stillwater Ski Lake appropriation and toward application of water to a beneficial use as conditionally decreed. Stillwater Ski Lake was excavated pursuant to the above - described gravel well permit number 047367 -F. Water from the tributary alluvium of the South Platte River has filled Stillwater Ski Lake on a regular basis throughout the year since at least July 1998. In connection with the decreed augmentation plan, Well Permit No. 049717 -F was issued on April 21, 1998. It authorized construction of a well into the Laramie -Fox Hills aquifer, and withdrawal of ground water from the Laramie -Fox Hills aquifer, with an annual appropriation of 34 acre -feet at a pumping rate of 25 gpm. That Laramie -Fox Hills well has been drilled. Water pumped from the well has been discharged into the South Platte River stream system since July of 1998 to replace evaporation losses associated with Stillwater Ski Lake. The amount of replacement water so provided is approximately 21.48 acre -feet per year. Applicant has submitted annual reports concerning such pumping to the water commissioner. All work necessary to develop the facilities that are used to exercise the Stillwater Ski Lake water rights and augmentation plan has been performed. Applicant engages in routine operation and maintenance of such facilities. Water in the lake is used for the purposes of raising fish and recreation. The water was first used for such purposes on July 12, 1998 and has been used on a regular basis for such purposes from approximately March through October of every since then. The foregoing findings arc based on the affidavit of Peter L. Baurer attached to the application. 9. The referee finds that the following statements are true with respect to the claim to make absolute the Stillwater Ski Lake water rights: