2012-03-30_INSPECTION - M1985200

• Permit No: M1985200
• IBM Index Class Name: INSPECTION
• Doc Date: 3/30/2012
• Doc Name: Augmentation Plan
• From: Cynthia L. Schmid
• To: DRMS
• Inspection Date: 2/27/2012
• Email Name: MAC
• Media Type: D
• Archive: No

Case No. 2005CW118 (98CW437( (87CW011)
Water Division One
C. The name of the structure that is the subject of this Application is the Erker Gravel Pit,
f/k/a the Kula Pit. The gravel pit has a valid well permit issued by the State Engineer's
Office (No. 041863 -F) and also has a valid mine reclamation permit, Permit No. M -1985-
200. A decree for a conditional water right in the amount of 17 acre -feet was originally
entered by this Court on January 28, 1993, in Case No. 87CW011, with an appropriation
date as of January 27, 1987. On May 27, 1999, this Court entered Findings of Fact,
Conclusions of Law, Ruling, Judgment and Decree in Case No. 98CW437, making the
conditional water right absolute for piscatorial and recreational use in the full amount of
the water right (17 acre - feet), and for the beneficial use of the extraction of sand and
gravel in the amount of 3.1 acre -feet. That decree also continued in full force and effect
the conditional portion of the water right for the extraction of sand and gravel (13.9 acre -
feet).
D. The Location of the Erker Gravel Pit is as follows: That art of the N1 /2NW1 /4SW1 /4
of Section 33, Township 4 North, Range 57 West of the 6 P.M., Morgan County,
Colorado, described as commencing at a point on the North line of said
N1 /2NW1 /4SW1 /4 from which the W1 /4 corner of said Section 33 bears N89 °00'W at
570.0 feet; thence S89 °00'E along the North line of said N1 /2NW1 /4SW1 /4 753.0 feet to
the NE comer of said NW1 /4SW1 /4; thence S47 °00'W 550.0 feet; thence S79 °22'W
485.0 feet; thence N14 °46'E 494.1 feet to the point of beginning containing in all 5.76
acres more or less, AND that part of the S1 /2S1 /2S1 /2NW1 /4 of Section 33, Township 4
North, Range 57 West of the 6 P.M., Morgan County, Colorado, described as
commencing at a point on the South line of said S1 /2S1 /2S1 /2NW1 /4 from which the
W1 /4 corner of said Section 33 bears N89 °00'W at 570.0 feet; thence S89 °00'E along the
South line of said S1 /2S1 /2S1 /2NW1 /4 753.0 feet to the SE corner of said
S1 /2S1 /2S1 /2NW1 /4; thence N00 °20'E along the East line of said S1 /2S1 /2S1 /2NW1 /4
200.0 feet; thence N89°00'W and parallel to said South line 701.7 feet; thence S 14 °46' W
205.9 feet to the point of beginning containing in all 3.39 acres more of less. Total
acreage of both parcels equals 9.15 acres.
E. The source of the water is the South Platte River and its tributaries.
F. Activities performed toward completion of the appropriation and application of water to a
beneficial use as conditionally decreed: The decree entered in Case No. 87CW011
included a plan for augmentation to replace out -of- priority depletions to the South Platte
River system caused by surface evaporation associated with Applicants' gravel pit and
water lost in the removal of material, and set forth the formula to determine the
Applicants' replacement obligation. During the diligence period, Applicants replaced
such depletions in accordance with plan requirements, and submitted plan accounting to
the Division Engineer.
During a portion of the diligence period, Applicants leased their gravel pit to a third party
for sand and gravel mining. Applicants' mining lessee (Morgan County) later indicated
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