HomeMy WebLinkAbout1.20 Augmentation Basin Ditch auth water rights appendix JWSA -BLUE PIT EXPANSION 2012
[Appendix 7]
WATER AUGMENTATION PLAN,
BASIN DITCH AUTHORIZATION
AND WATER RIGHTS
DESCRIPTION /DETAILS: This section provides information
pertaining to the water rights on the property as well as the
augmentation plan and Basin Ditch approvals.
THIS SECTION INCLUDES:
• March 2012 Application Materials
• 09/13/10 Letter from The Basin Ditch Company for schematic
approval of the ditch relocation (2B)
• Water Rights Declaration (2B)
• Additional Information From Technical Completion Process
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No, 87CW365
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7il r l,.c r " :9'8 �{ 1
1 � �
PA. rs1.4 FL.
RULING OF REFEREE (1 of 2)
CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JEAN BLUE AND DEE BLUE, IN
GARFIELD COUNTY
The above entitled Application was filed on December 29, 1987, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the llth day of January,
1988, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subj ect.matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:
1. The statements in the Application are true.'
2. The name of the structure is the Sunnyside Gravel Pit Pond.
3. The names of the Claimants and address: Jean Blue and Dee Blue; c/o
Kevin L. Patrick, P.C.; 106 S. Mill Street, Suite 200; Aspen, CO 81611.
4. The source of the water is the Roaring Fork River, a tributary of the
Colorado.
5. The pond will be filled primarily from water diverted through the
Sunnyside Industrial Well No. 1 and in times of emergency from the Basin Ditch
in accordance with the Decree entered in Case No. 87CW364.
6. The dam is located in the SI1 /4SE1 /4, Sec. 25, T. 7 5., R. 88 W. of
the 6th P.M., at a point whence the SE Corner of said Sec. 25 bears S. 60°24'
E. a distance of 2571 feet (Garfield County).
7. The use of the water is industrial, mining, dust suppression and
manufacturing with the right to use and reuse and completely consume the same.
8. The date of the initiation of appropriation is Maly 1, 1982.
9. The amount of water claimed is 3.2 acre feet of water, absolute.
10. The Claimant shall have the right to fill and refill when and if
water is physically and legally available.
. ,c -t#
Et 4-
(YI -989)
Blue 87CW365
Ruling of Referee (i of 2)
Page 2 •
The Referee does therefore conclude that the above entitled application
should be granted and that 3.2 acre feet of water with an appropriation date
of May 1, 1982 is hereby awarded absolute to the Sunnyside Gravel Pit Pond for
industrial, mining, dust suppression and manufacturing with the right to use,
reuse, and completely consume the same, with the right to fill and refill when
and if water is physically and legally available; subject, however, to all
earlier priority rights of others and to the integration and tabulation by the
Division Engineer of such priorities and changes of rights in accordance with
law.
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall
appropriate Division Engineer and the State Engineer.
Dated £ . L j //o477
i s li Et'. Si ; •'?' •
BY THE REFEREE:
be fi l ed with the
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court.
Dated IecAt,la> 1 / %F
IL
DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Application No. 87CW365
RULING OF REFEREE (2 of 2)
CONCERNING THE APPLICATION FOR WATER RIGHTS OF: JEAN BLUE AND DEE BLUE, IN
GARFIELD COUNTY
The above entitled Application was filed on December 29, 1987, and was
referred to the undersigned as Water Referee for Water. Division No. 5, State
of Colorado, by the Water Judge of said Court on the llth day of January,
1988, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:
1. The statements in the Application are true.
2. The name of the structure is the Sunnyside Industrial Well No. 1.
3. The names of the Claimants and address: Jean Blue and Dee Blue; c/o
Kevin L. Patrick, P.C.; 106 S. Mill Street, Suite 200; Aspen, CO 81623.
4. The source of the water is groundwater tributary to the Roaring Fork
River, a tributary of the Colorado River.
5. The point of diversion is a well located in the SW1l4SE1 /4 of Sec.
25, T. '7 S., R. 88 W. of the 6th P.M., at a point whence the SE Corner of said
Sec. 25 bears S. 62 °33' E. a distance of 1865 feet (Garfield County).
6. Uses of the water are industrial, mining, dust suppression and
manufacturing with the right to use and reuse and completely consume the same.
7. Date of initiation of appropriation is October 26, 1987.
8. The amount of water claimed is 1.0 c.f.s. (450 g.p.m.), conditional.
9. This well will be operation in conjunction with a Plan for
Augmentation in Case No.. 87CW364.
10. On October 10, 1989, the Court approved Case No. 87CW364, which
orders the office of the State Engineer to grant a permit subject to the terms
of the plan for augmentation. Additionally, on November 10, 1988, the Office
of the Colorado State Engineer denied said Well in File No. AD-- 11752;
therefore, the application for water rights may be . acted upon by the Water
Referee.
W ••
•
(VI -1989)
. Blue - 87CW365
Ruling of Referee (2 of 2)
Page 2
The Referee does therefore conclude that the above entitled application
should be granted and that 1.0 c.f.s. with an appropriation date of October
26, 1987 is hereby awarded to the Sunnyside Industrial Well No. 1 for
industrial, mining, dust suppression and manufacturing with the right to use,
and reuse the same, and completely consume, provided always that said
quantities of water be diverted and applied to beneficial use within a
reasonable time; subject, however, to all earlier priority rights of others
and to the integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law.
Application for a Quadrennial Finding of Reasonable Diligence shall be
filed in October of 1993 and in October of every fourth calendar year
thereafter so long as the Claimant desires to maintain this conditional water
right or until a determination has been made that this conditional water right
has become absolute by reason of the completion of the appropriaiton.
It is accordingly. ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
Dated r .i .443 /,,y
s:; ..r fete:
BY THE REFEREE:
/. A
Water Zeferee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this Court.
Dated
. ,. y r1 l „E
September 13, 2010
Mr. Sean Mello
Western Slope Aggregate
304 Highway 133
Carbondale, Co 81623
Re: Western Slope Aggregate / Carbondale `Blue Pit'
Proposed Siphon @ Basin Ditch
Dear Sean,
Per your meeting on Wednesday September 8th with the Basin Ditch Board, we
agree in principal to the Schematic Design of the Siphon Pipe proposed for the
Basin Ditch on the Blue Pit property. Final acceptance will be contingent upon
approved engineering drawings.
The plan reviewed was titled `Western Slope Aggregate — Blue Pit — Map C -2 -
Mine Plan Map' by Greg Lewicki and Associates dated 12/14/09.
Sincerely,
s R. Pitts
ent
Ditch Company
1
W...Ot/
DISTRICT COURT, WATER DIVISION[ NO. 5, . COLORADO
Case No. 87 Cif 364
Mr ."+! 9
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FINDINGS OF FACT, CONCLUSIONS. O1' LAW AND JUDGMENT AND.DECREE - -
CONCERNING THE APPLICATION FOR WA'rsw kits[iT5 OF:
JEAN SLUE AND DEE BLUE, in Garfield County -
paapINGS OF FACT
The above.entitl.ed Application was filed on December 29, 1987,,
and was referred to the Mater Referee for Water Division Nn. 5,
State of Colorado, by the Water Judge of said Court on the 11th day
of January, 1988, .in accordance with Article 92 of Chapter 374
Colorado Revised Statutes 1973, known as The Water Right
Dotermination and Administration Act of 1969. Applicant and
. Objector, filed Protests to the Ruling of the Refe7[ee. -
This matter is new before the Court upon.the Stipulation filed
by the Applicant and the Objector. The Court, having become fully
advised with respect to the subject matter in the Application, and
as set forth in said. Stipulation, does hereby make the following
Findings of Fact, Conclusions of Law and JadgMeat amt's Decree it
this matter, to wit:
1. The source of all the water to be utilized under the above -
entitled Application is the Roaring Fork River.
The name and address of tho•claimant:
• •
Jean Blue and Dee Blue
c/o Kevin L- Patrick, P.C.-
' 106 South Mill street, Suite 200 .
Aspen, Colorado 81611
(303) 920 -1028
3. Applicants are the owners of 'an approved si:nd and Agravel
mining operation located" north of- Colorado Highway 82, two
miles northeast of the Town of Carbondale located within the
Ws of Section.25,-Township 7 South, -Range 88 West of the 6th.
'lh &" "mina ng • operation - io-- presently permitted. for.
'production of.up to 2504000 tons annually.
- 4. This plan for augmentation is designed to ".provide a .year' -round
legal water .supply for all mining operations including mine
uses, dust control /supprossinn,. conc=rete production and
:elated• asos •a(:. the- -mine site'; • addi tiona i 1y; 'ant-of-priority
evaporation from sedimeiita ion and mine water recycling -ponds
Will be augmented hereunder. No domestic demands are included
herein; • all.. domestic water and wastewater is hauled to and
• irom "Uia idle independent of this plan for augmentation.
_5. The water demands for the mining activities are assumed to be
I llrwf.hln - t
Case . No. 87 CSV 364
100% consumptive entitling the Applicants to useeuse and
totally consume all diversions; accordingly Al al out-of-
priority diversions from the well structure described in
Paragraph 11 herein, will be fully replaced to.the Roaring
.Fork River. system under this plan for augmentatiis' . Total
water requirements for the Sunnyside Mine operation are listed
in Table I, below:
TABLE 1
(All values in Acre -Feet)
(1) (2) (3) (4) (5)
Sand Concrete
Pond Dust Screen Truck Total
WINThS Evaporation Cogtrol Crusher Bash Water use
JAN 0.038 0.110 0.139 0.287
P80 0.038 0.110 0.139 0.287
MAR 0.038 0.110. . 0.165 0.313
APR: 0.038 -0.221 0.221 0.196 0.676
mAr 0.142 0.221 0.221 0.196• 0.780
JUN 0.291 0.221 . 0.222 0.210 1.003
:.UL 0.253 0.221 0.221 0.270 0.965
AUG 0.227 0.221 0.221 0.270 0.939".
SEP 0.178 0.221 0.221 0.196 0.816
OCT 0.038 0.221 0.221 0.196 0.676
NOV 0.038 0.110 0.196 0.344
DEC e.038 0.110 0.155 0.303
TOTALS •. 1.357 1.547 2.097 2.388 7.389
(1) 1.75 feet net evaporation per year, 0.78 surface acres.
(2) 6.0 g.p.m. for 8.0 hours /day, 25 days /month.
(3) 24.0 g.p.m. for 8.0 hours /day, 25 days /month. 75% is
recycled (6.0 g.p.m. new requirement).
(4). 15,000 yards i► 40 gallon /yard + 600 gallon /day for truck
wash -out.
(5) Total, Columns 1 though 4.
6. Applicants claim to be the owners of undivided interests in
and to the Basin Ditch Priority Numbers 49, 168, 137, and 294
water rights (less .0.2 c.f.s. proportionate':y conveyed to a
third party). The Basin bitch diverts its source of supply.
from the Roaring Fork River and is used predominantly for
irrigation purposes. Tho Basin Ditch traverses the mining
property and Mau historically .been used to satisfy the mining
operations for the Sunnysidc.Gravel Pit during the irrigation
season. Applicants intend to rely exclusively upon diversions
from the sunnysido.industrial Well No. 1 to meet all non-
irrigation water demands and to utilize diversions through the
Basin Ditch for mining operations only in time of emergencies
(i.e.,.wall-pump failure) during the irrigation season. '
z'ul re f . h].. . 7
Case Ilo. 81 CW 364 .
7. Applicants have permanently removed from historical irrigation
1.7 acres of land in conjunction with the 19131 enlargement of
a recently rebuilt road and .for mining operations.
Additionally, .Applicants under this plan for augmentation will
remove from historical irrigation an additional one acre of
irrigated pasture.
8. The Basin Ditch has historically provided reliable water
suppkies for irrigation purposes from May through October 31
of eveLy year, including the water short years of 1977 and
1981. Average diversions over this period totalled 33.2
c.f.s. 'Applicants` claim an undivided interest in the water -
rights decreed to the Basin Ditch of 12.86 c.f.s.; the same
proportionate. interest in the average diversions for the
period 'described above totals 9.36 c.f.s. Applicants'
engineers have concluded. that due to slope and soil conditions
as well as crop uses, the average• duty of water under the
Basin pitch is 1.0 c.f.s. to.14.5 acres of irrigated land.
Thus, Applicants - applied water demand for 2.7 acres bein,
'removed from irrigation hereunder is conservatively •0.19
c.f.s. The historic consumptive usa of hay. and pasture crops
on the 2.7 acres,of land removed from. historic irrigation
hereunder has been determined to be 2.13 acre -feet per acre.
Therefore,. the cessation of historic" irrigation of 2.7 acres
will yield 5.75 acre -feet of water available during the
historic irrigation season for replacement purposes hereunder.
Due to the proximity of the acreage historically irrigated to
the Roaring Fork giver, subsoil conditions acid permeability
of soils within.the return flow'path of the irrigated acreage,
no delayed. return flows will result and cessation of
diversions at the headgate of the Basin Ditch hereunder will
be able to physically replace, in quantity and in time, out -
of- priority demands described hereunder.
9. During •periods . other than the historic irrigation season,
Applicants shall replace out --of- priority depletions to the
Roaring. Fork. River stream system and its successor streams
.occasioned by diversions from the Eunnyside industrial Well
Wo. 1 through. releases from Ruedi. Reservoir pursuant to
. contract with the Basalt -Water Conservancy District.
Accordingly, augmentation releases will be made pursuant to
Table. II, helot: .
rUlrof.blu
•
•
Case No. 87 CW 364
TABLE II
(1). (2) (3)
OUT -OF- PRIORITY AVAILABLE C.U. R£MAfNING
MONTH DEPLETIONS [ac -ft1 AASTN DrTCII . ugw_ om,
JAN 0.287
FEB 0.287
MAR 0.313
APR v a l e
MAY 0.780
JUN 0.502
JUL .0.965
AUG 0.939
SEP 0.816
OCT 0.676
NOV 0.344
DRC 0.303
TOTAL - 6.888
0.'L53
1.075
1.328
1.277
0.840
V,' /l3
0.265
5.751
0.287
0.287
0.3/3
0.423
0.000
0.000
0.000
0.099
6.103
0.411
0.344
0,383
2.570
10. tall times during the historic irrigation season when the
Sunnyside Industrial Well No. 1 is delivering water hereunder
and is out -of.- priority pursuant to a valid administrative
call, Applicants will bypass at the headgate of the Basin
Ditch 0.19 c.f.s. ' of Priority No. 137. At all. times during
the non - irrigation season when a vaiid administrative call is
placed upon the Sunnyside Industrial Well No. 1; Applicants
pursuant to their Allotment CetYi:raet. with the - Basalt Water.
Conservancy District will cause to be released from Reudi
Reservoir an "amount equal to the augmentation requirements
listed in Coltfmn 3 of Tahla 77 p1u': and additional 5% for
transit losses between the outlet of Reudi Reservoir and the
point of the depletion t� the Roaring Fork River.
•
11. Name of structure to be augmented: Sunnyside Industrial Well
No. 1, being a well applied for even date herewith in Case. No.
87 CW 365, located. in the SWk of the SE$ of Section 25,
- Township 7 South, Range 88 West of the 6th P.M., at a-point
whence the SE Corner of said Section 25 hears South 62'33•
East a distance of 1,865 feet (Garfield County).
1.. Descriptions of water rights to be used for augmentation:
A. .0.19 c.f.s. of the Basin Ditch, Priority No. 137, water
right originally decreed for 1.11 c.f.s. in Civil Action
Ho. 103, Garfield County District Court on Nay 11, 1889
.with an appropriation date of March 25, 1886. • Applicants
'are the claimants of an- undivided 2/7 interest in and to
all of the priorities for the use of water decreed to the
Basin Ditch, therefore, Applicants intend to utilize
. herein 0.19 G.f.s. of their 0.46.c.f.s. decreed to the
Priority No: 137 water right described herein. The Basin.
witch No. as" heacihato is located at to point on the North
bank of the Roaring ;f=ork River .et a point whence the
Quarter :Corner common io Section 32 and 33, Township 7
'South, Range.87 West of the Gth P.M., bears North 00'41'
west 1.070 fee (Garf teld Cawstti 1,
�.._ _.....-.-..rulrof,ble •
Case No. 87 CW 364
t3: Ruedi Reservoir. Applicants have entered into a Water.
Allotment Contract, with the Basalt Water Conservancy
District for 2.7 acre -feet of the District's 600 acre -
footcontractual entitlement in Ruedi Reservoir.. Ruedi
Reservoir is an on- channel reservoir on the Fryingpan
River and is a component of the Fryingpan- Arkansas
Project which was originally decreed in Civil Action No.
4613. Garfield County District Court, on June 20, 1958,
with a date of appropriation of July 29, 1957;
subsequently, in Case -No. W- 789 -76 the decreed storage
capacity for this reservoir was reduced to 102,369 a.f.
Iteudi Reservoir is a component of the Fryingpan- Arkansas
Project, .originally authorized for construction by the
Act of August 16, 1962 (76 Stat. 389), as amended by the
Act of October 27, 1974 (88 Stat.. 1486), and the Act of
November 3, 1978 (92 Stat. 2492), in substantial
accordance. with house Doc. No. 187, 334d Cong.,' 1st
sess., as Modified by House Doc. 353, 86th Cong., 2nd
Sess., is subject to the Operating Principles for the
Fryingpan- Arkansas Project as set forth in House Doe. No.
130, 87th Cong.,. 1st Sess., and is a federal reservoir
operated.by the 11.Sa Bureau of Reclamation which has
contracted for an allot Bent of Water to. the Basalt Water
Conservancy District.
13. Change of water Right: -
.0.19 C.f.s. of the Basin bitch, Priority No. 137, water right
described more particularly in Paragraph 12A, emu, shall be
„hen ilA. to inReeP,'ial, mtere,feeteeinr, auementatii n qnr�
.exchange in accordance with,. and subject to .the limitations
• and conditions on the use thereof described in Paragraphs 3-
10, supra.
14. The Court finds that lands which •were removed from irrigation
by -road enlargement and the 1.0 acres of land to be removed
from irrigation are owned by the Applicants and have been
•irriciated with Applicants' water interests in the Basin Ditch.
•
i b cT.usIdus oi?..- ..
•
15. Timely and adequate notice of the filing of this Application
was given as required.by •law, and this court has jurisdiction
of- the .parties and subject matter of this - action:
X6. This Plan for 1,ugeentatian meets the statutory criteria for
a plan for augmentation as set forth in C.R.S., Sections 37-
92- 103(9), 37 -92- 30.2(1) and 37-92-305(8), is•ono contemplated
by law and it operated and administered in accordance with.the
• condi_.ions hereof, will not result in' an increase in the
historic Consa►nptive use of those water rights referenced in
Paragraph. 12 above, and-will not cause material injur y to-any
vested water right or. decreed .conditional water right which
has as • its noueee of supply, the Roaring -Fork .River or its
tributaries.
- --
ru1rnr.111is S EMI
1
•
mai
Case No. 87 CN 364
JIJDGNENT . AND DECREE
17. The application for change of water rights and for approval
of a plan .for augmentation as set forth in this Decree are.
hereby approved, and the structures as described in paragraphs
11 and 12 above, may be operated and constructed and may
commence diversions in accordance with this Decree without
state ^dmini tra_i .. _uee.41rvntt. f-r the benefit of senior
appropriators so long as the terms and conditions set forth
herein are fully adhered to throughout the operation of said
plan for augmentation. -
18. The findings of fact set forth above, shall be and are hereby
.mace a part of this Judgment end Decree. -
19. The State Engineer is ordered to-grant a Well Permit for the
Sunnyside Industrial Well No. 1 applied for in Case No. 87.CW
365, subject only to the terms of.the Decree entered herein.
Minh wail sh^11 .serve a fi ts,e .” -unary source for "il'ng the
Sunny Side Gravel Nit Pond (87 CW 365, 1 of 2), and no filling,
of the Sunny Sine Reservoir shall be made from the Basin Ditch
except in times of emergency, i.e. well pump failure which may
occur during the irrigation season- Filling shall only be
made in such a canner so as not to injure or disturb the
diversions of other owners in Basin Ditch water. In
connection with the well permit herein ordered, .Applicant
shall install such measuring devices as may be required by the
office of the Diviaicn waggle. r :d made part or such well
permit. ''
2o. The ('dart finds that; c:iven the uses proposed and historically
made of the water rights involved' herein, this Court shall'
retain jurisdiction in this 'matter until two (2) years from
the state of this Decree. In 'setting forth this period, after
consideration of all. relevant facts, the Court finds that such
period is necessary to assure that no injury shall occur to
vested. rights by the operation of this Decree. Upon proper
petition by any party hereto or by the Court, the Court shall
reconsider its approval of this Decree on the question of
injury too.any water right owned by the petitioner within, said_
period of reconsideration. '
23. Upon request by the Division-Engineer, the Applicant shall
provide the Division Engineer with copies of all records and
.accounts and other such information requested by the Division
Engineer :as will allopr_for, the tdniniv.tration.of this p.lan.
22. The Applicants and the Objector shall install 'three (3)
measuring .devices in the Basin Ditch. to allocate diversions .
of the Basin Ditch water between them and to monitor amounts
of water in a,xordanco with the plan for augmentation and the
decree for change of use. such devices shall be installed by
Leo. Jrammaron, • Tom jjilker or Ron Martin' t. Son the lowest
bidder., as contractor for Appl #cants -e nd. obJer,tor , no .later.
than Apri) 1, 1990, unless sooner agreed by the partied, upon.
•:the-terms caat--App-iicnnts'and Objector shall- cquatly shnra'tilo-
_a;osb -i ilii,] --rtxntilsm;-'l:[ii'•• 1il:4lai.;MO sua]i &Atic:,a,. and ouch
irulref.blu - r.. 6:
1
Case No. B7 CW 364
devices. shall be placed and instal led in a manner and standard
approved by the soil Conservation Service. The thr-ae 43)
measuring devices shalt conform' to the. dimensions and
locations listed as follows and more particularly described
in the map attached hereto and made part hereof:
A. A Parshall flume 3 feet in width and 2 feet in height
placed in a location generally depicted on the attached
map as "uevice Ao at a puini In i.he bdsip DiLe i a'utivr oily
diversions made by the Applicants=
B. A Parshall flume 3 feet in width and 2 feet in height
placed in a location generally depicted on the attached
map. as "Device Jr at a point in' the Basin Ditch betweeea
the diversions trade by Applicants and Objector. In
addition, Objector shall install, at his sole cost not
to exceed $l,000, a lateral which will not disturb the
flow' readinaa off ne!!c'e 9 end
C. A Parshall flume 2 feet in width and le1/2 feet in height
p aced in a oeatlen generally dCpicitid on the attached
map as "Device C" at a point in the southerly bark of the
Basin Ditch between the diversions made by Applicants and
Objector and as far up the Basin bitch fork as to allow
as true a reading of such device as may he made.
Applicants, objectors, their .�..�etiYG successors and assigns
'shall have a reasonable right of pedestrian access along the
ditch easement only.Eor the purposes of inspecting and reading
the above - described measuring flumes.
•
24. ,Notwithstanding any provision to the contrary, .nothing in this
decree shall be construed to findor adjudicate title to the
various priorities for the tuse cf water in the Basin Ditch as
between Objector-Cerise and the Applicants, their successors
and assignp. in the event e.Court of competent jurisdiction
hereafter determines that Applicants. own less than an
- undivided 2 /7ths interest in Basin Ditch Priority No. 137,
then Applicants shall immediately limit' their.use of Priority
... No: •137 . ca. only the'-anount that the Court determines that
Applicants awn in Priority Ne.. -137. No fact; finding or
conclusion contained in this decree nor use of water pursuant
to this-decree or the Sunnyside Industrial Well permit shall
be' constiued.to work an estoppel, waiver, abandonment or
forfeiture of water rights or shall be construed to •enharico,
qt nett, a tnh1i .h. or create any-title to Crater rights Cant
existing independently of such fact, finding, coiiclusion.or
use. .
iulref�blit ..
7,
Case No. 87 CSC .164
24.. A copy of this Judgment and Decree shall be filed with the
. appropriate Division Engineer and the State Engineer,
Done this f(z+t'day of .,4 -c) fart , 1989, by
the District Court, Water Division Ho. 5, State or Colorado.
c y of the forcbins ii•tdca :e
ca+nsttot record a
tit ecsd«-Dir. r-•
te
Vpfrct aL+ W.ka.S
i J fits144. ""
. By the Court:
Gavin 0, j..iMiller
Water Judge
:FGVICE 2- A pa;shall F1uma
..- feet ttt. eLdth and 2 Beet.
: n. neighs
BASIN OUCH
ROAD RECONSTRUC'T'ION:
• 'PERMANENT REMOVAL OF 1T ACRES
OF IRRIGATED PROPERTY
BLUES 'PROPERTY
BOUNDARY •
D!.i• ;CE C- 1. parshail flume
2: feet in width and 11/: f: t
� • .am"` t
.
n
6125
35 36
OFFICE
IRRIGATED NAY 33, PAST:IRE ^-
LAND. C S (MAPPED BY SCSI
Ci3 FROM -_ _ . % DITCH ER INL SUNNITIDE
j -_ET GRAVELPtF
UNDARY
SUNNYSIDE GRAiEL
PIT POND
S��NYSIOE GRAVEL
PIT WELL N?, I
DEVICE A- A parshall flume
3 feet in width and 2 feet
In heiahe --r-----�
��� 1.0 ACRE' TO aE
I.0 ACRE IRRIGA4TE0 NIS�REC FROM
4111r4. 41 IRRIGATION
C. E: r 640'APPROx.
•
•
•
tRRIGATEO PASTURE.
6.S ACRES
•
az
THE FOLLOWING PAGES CONTAIN ADDITIONAL INFORMATION AS
REQUESTED DURING TECHNICAL COMPLETION
Legal Water: Please provide documentation demonstrating that the Applicant has the authority
to relocate the Basin Ditch. Depending on what this agreement states the County may also
need to see the Decree entered in Case No. 87CW364 regarding the Basin Ditch.
❑ [RESPONSE: Attached is a 2010 letter from the Basin Ditch Company, the
applicant is currently working on an alternative design and will be meeting with
the Basin Ditch Company board for approval and an updated letter. See exhibit 2-
B]