ENFORCE20109

• Permit No: M1996008
• IBM Index Class Name: Enforcement
• Doc Date: 7/29/2003
• Doc Name: Findings and Ruling of Referee and Decree
• From: District Court Water Division No. 4
• To: DMG
• Media Type: D
• Archive: No

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RECEIVED /t'~- 1 ~ 9~ - O~ ~~ Noar~f ~- 3 y ~~``T
Il.IN G Filed in llte District Court
DA7t: OF trW JUL 29 2003 _..lflatPrfl?,;icinnFn~lf
~~ DivisionolMineralsandpeolopy ,IrA~ ` L i~~9
DISTRICT COURT, WATER DIVISION NO. 4, COLORADO i4gyPCWilipa~Glerlc
Case No. 97 CW 31
FINDINGS AND RULING OF REFEREE AND DECREE
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IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF:
JAMES M. CARVER, JOYCE M. CARVER, as joint tenants; JERRY W.
TRUDELL and BRIAN W. WILSON, tenants in common; and WESTERN
GRAVEL, INC. as Lessee,
IN THE UNCOMPAHGRE RIVER, MONTROSE COUNTY, COLORADO.
Applicants James M. Carver, Joyce M. Carver, Jerry W.
Trudell and Brian Wilson, with a common mailing address for the
purpose of this Application of 701 South Second Street, Montrose,
Colorado, request a groundwater extraction water right, plan of
augmentation, augmentation storage right and change of use by
application filed on the 10th day of March, 1997.
FINDINGS OF FACT
1. All notices required by law of the filing of this
Application have been given. The time for filing of statements
of opposition has expired. A Statement of Opposition was filed
by the State Engineer Colorado Division of Water Resources. The
concerns of the State Engineer have been resolved.
2. Applicants request a conditional ground water right
for diversion through excavation of a gravel pit that will
intersect the water table. The final surface of the resulting
pond will have an area of 24.25 acres. The diversion will occur
within the SE1/4 of the SE1/4, Section 18, Township 49 North,
Range 9 West, N.i+i.P.M., Montrose County, Colorado. The central
point for the extraction is located 500 feet North of the South
section line and 1200 feet west of the east section line of said
Section 18. The pond will be used for wildlife, fishery,
recreational and livestock. The only consumptive uses will be
through natural evaporation and while gravel is being mined at an.
assumed rate of loss for insitu moisture of 4~ of the annual
mined product. The evaporation loss from the final surface of
the pond expressed annually will be 62.53 acre feet of water.
Anticipated time to finally develop the pond is fifteen years.