HomeMy WebLinkAbout1.11 Water court, case no. 07CW88District Court, Water Division 5, Colorado
109 8`h Street, Suite 104
Glenwood Springs, CO 81601
Phone Number: (970) 945 -5075
Concerning the Application for Water Rights of CASE No. 07CW88
RTZ INDUSTRIAL, LLC
IN GARFIELD, PITKZN, EAGLE, AND SUMMIT COUNTIES,
COLORADO
FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF
WATER COURT
This matter came before the Court upon the Application of RTZ Industrial, LLC for
Underground Conditional Water Rights and Approval of Plan for Augmentation.
The Water Judge referred the Application to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes 1973, known as the Water Rights Determination and Administration Act of
1969.
The undersigned Referee has made such investigations as are necessary to determine
whether or not the statements in the Application are true, has become fully advised with respect
to the subject matter of the Application and has consulted with the Division Engineer for Water
Division No. 5. The Referee hereby makes the following determination and ruling as the Referee
in this matter.
I. FINDINGS OF FACT
1. The Applicant is RTZ Industrial, LLC, a Colorado limited liability company, whose
address is in care of Wayne Rudd, Personal & Confidential, 0132 Park Avenue, Basalt, Colorado
81 671.
2. Applicant was represented in this matter by Balcomb & Green, P.C., Post Office Drawer
790, Glenwood Springs, Colorado 81602 (970) 945 - 6546.
3. Applicant filed an Application for Conditional Underground Water Rights and Approval
of a Plan for Augmentation on April 30, 2007.
4. The Application was properly published in the resume for Water Division No. 5. All
notices required by law have been made, and the Court has jurisdiction over the Application and
over all of the parties in this case.
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5. None of the water rights or sources thereof involved in this Application are located within
a designated ground water basin.
6. No Statements of apposition to the Application were filed. The time for filing such
statements has expired.
7. The Court finds that the relief requested herein is consistent with the relief originally
requested in the Application and for which public notice was provided.
CLAIM FOR CONDITIONAL. UNDERGROUND WATER RIGHTS
S. Name of Reservoir: RTZ Gravel Pit Well No. 1
A. Legal description: The center of the gravel pit well is located within the SW 114,
SE 114, and NE114 of the NE 1I4, Section 33, Township 7 South, Range 96 West of the 6'h
Principal Meridian, at a distance of 616 feet from the east section line and 1,380 feet from
the north section line of said Section 33.
B, Source: Alluvial groundwater tributary to the Colorado River.
C. Depth of Well: approximately 25 feet.
D. Appropriation:
i. Date of initiation of appropriation: January 10, 2001.
ii. How appropriation was initiated: Purchase of property by lessor,
negotiations regarding a gravel mining lease, site inspection and location of gravel
pit site, formation of intent to divert water for the proposed uses, and preparation
of engineering data to support same.
E. Date water applied to beneficial use: Not applicable.
F. Amount claimed: 2.0 c.f.s., conditional, with a total annual diversion of up to 50.8
acre feet.
G. Uses: Industrial (including gravel production and dust control), recreation, and
piscatorial.
9. Well Permit: Upon the issuance of a decree in this case and compliance with Paragraph
20, the Applicant will submit an application for a variance approval to the Board of Examiners
for Water Well Contracts and an application for a well permit to the Colorado Division of Water
Resources.
CASE No. 07CW88
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FIND1NGs, RULING & DECREE
10. Name(s) and addresses) of owner(s) of the land upon which any structure is or will be
located, upon which water is or will be stored, or upon which water is or will be placed to
beneficial use: Specialty Restaurants Corporation and Stockton Restaurant Corporation, in care
of Tom Kluksdahl, 8191 E. Kaiser Blvd., Anaheim, CA 92808.
11. Name of Reservoir: RTZ Gravel Pit Well No. 2
A. Legal description: The center of the gravel pit well is located within the NW 114
and NE 114, NE 114 Section 33, Township 7 South, Range 96 West of the 6'h Principal
Meridian at a distance of 676 feet from the east section line and 447 feet from the north
section line of said Section 33.
& Source: Alluvial groundwater tributary to the Colorado River.
C. Depth of Well: approximately 25 feet.
D. Appropriation-
(i) Date of initiation of appropriation: January 10, 2001.
(ii) How appropriation was initiated: Purchase of property by lessor,
negotiations regarding a gravel mining lease, site inspection and location of gravel
pit site, formation of intent to divert water for the proposed uses, and preparation
of engineering data to support same.
E. Date water applied to beneficial use: Not applicable.
F. Amount claimed: 2.0 c.f.s., conditional, with a total annual diversion of up to 12.9
acre feet.
G. Uses: Industrial (including gravel production and dust control), recreation, and
piscatorial.
12. Well Permit: Upon the issuance of a decree in this case and compliance with Paragraph
20, the Applicant will subunit an application for a variance approval to the Board of Examiners
for Water Well Contracts and an application for a well permit to the Colorado Division of Water
Resources.
13. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be
located, upon which water is or will be stored, or upon which water is or will be placed to
beneficial use: Specialty Restaurants Corporation and Stockton Restaurant Corporation, in care
of Tom Kiuksdahi, 8191 E. Kaiser Blvd.., Anaheim, CA 97808.
CASH No.07CW88
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FINDINGS, RULING & DECREE
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CLAIM FOR APPROVAL OF FLAN FOR AUGMENTATION
14. Structures to be Augmented:
A. RTZ Gravel Pit Well No. 1, described above.
B. RTZ Gravel Pit Well No. 2, described above.
15. Water rights to be used for augmentation:
Applicant will obtained a contract in the amount of 50.6 acre feet of augmentation water
from the storage reservoirs described below from the Colorado River Water Conservation
District (the "River District"), Applicant will utilize storage water available under Contract No.
CW08004 with the River District. operation of the plan shall be contingent upon the continued
existence of Applicant's River District water supply contract. Applicant has contracted for a total
of 50.5 acre feet of annual delivery of augmentation supply from the River District's contract
sources described herein. The contracted amount is sufficient to augment all of the out -of-
priority depletions associated with diversions from the augmented structures and will include a
10 °/a transit loss associated with the augmentation releases. Subject to that limitation, Applicant
may reduce its contracted amount as provided in its River District contract or, at its election,
maintain such greater amounts as it decides to retain for uses under future legally approved
plans.
16. Previous Decrees for water rights to be used for augmentation:
A. Ruedi Reservair, The River District holds Contracts No. 009D6COI11,
009D5C0I I8, and 039F5CQDh h from the United States Bureau of Reclamation for 1,730
acre feet of annual supply from Ruedi Reservoir and may obtain additional contracts in
the future. This water will be used in addition to and substitution for Wolford Mountain
Reservoir water in appropriate circumstances where Ruedi water is physically equivalent
to Wolford water.
1) Legal description of 121ace of storage: Ruedi Reservoir is located in
Sections 7, 8, 9, 11 and 14 through 18, T. 8 S., R. 84 W., 5th P.M., in
Eagle and Pitkin Counties. The darn axis intersects the right abutment at a
point whence the SW corner of Section 7, T. 8 S., R. 84 W. of the 5th
P.M. bears N. 82EI0'W. a distance of 1,285 feet.
2) Source: Fryingpan River.
3) Previous storage decrees.
CASE No. 07CW88 - 4 - FINDENGS, RULING & DECREE
a. Civil Action No. 4613:
Decree Date: June 20, 1959.
Court: Garfield County District Court.
Amount: 140,697.3 acre feet, reduced to 102,369 acre feet
pursuant to order of the Water Court in Case No. W- 789 -76. The
.full amount was made absolute in Case No. 88CW85.
AMrMnr ation Date. July 29, 1957.
Use: Domestic, municipal, irrigation, industrial, generation of
electrical energy, stock watering and piscatorial.
b. Case No. 81CW34:
Decree Date. April 8, 1985.
Court: District Court, Water Div. No. 5.
Amount; 101,280 acre feet (refill); of this amount, 44,509 acre feet
were made absolute in Case No. 95CW95 and 25,257 acre feet
were made absolute in Case No. 01CW269, for a total of 69,766
acre feet absolute,
Appropriation Date: Jan_ 22, 1981.
Use: Irrigation, domestic, municipal, generation of electrical
energy, stock watering, industrial, piscatorial, recreation and
maintenance of sufficient storage reserves to fulfill contractual
obligations and provide stored water for recreation in times of
drought.
B. Wolford Mountain Reservoir. The River District owns and operates Wolford
Mountain Reservoir (fWa Gunsight Pass Reservoir) which has the following water
rights:
(1) Case No. 87CW283:
i. Decree Date: November 20, 1989
it Legal description of place of storage: The dam is located in the
SW 114 of the NEIA of Section 25, T. 2 N., R. 81 W., 6th F.M. The
intersection of the darn axis with the right abutment will occur at a point
which bears S. 54 deg. 54'20" E. a distance of 716.46 feet from the NW
Corner of said Section 25.
iii. Source: Muddy Creek and its tributaries
iv. Amount: 59,993 acre feet conditional; of this amount, 32,986 acre
feet were made absolute for piscatorial and recreational uses by decree
entered in Water Court Case No. 95CW251, and the full amount was made
CASE No. 07C:WBS -5- RNE)wGs, RULING & DECREE
dam.
absolute for all purposes by decree entered in Water Court Case No.
02CW 107.
V. Appropriation Date: December 14, 1987
vi, Use: All beneficial uses, including but not .limited to domestic,
municipal, agricultural and recreational uses, which uses satisfy the
requirements of the Windy Gap Settlement made with the Municipal Sub-
district of the Northern Colorado Water Conservancy District; use to meet
the water requirements of the inhabitants of the River District for all uses,
including uses in the Middle Park area; and use to meet the terms of a
lease agreement executed March 3, 1987 between the River District and
the City and County of Denver.
(2) Case No. 95CW281:
i. Decree Date: August 26, 1997
ii. Legal description of place of storage: The dam is located in the
SW114 of the NE114 of Section 25, T. 2 N., R 81 W., 6th P.M. The as-
b10 uilt intersection of the dam axis (Sta. D 19 +35.61) with the West Access
Road (Sta. WR50 +55.05), as shown on the Colorado River Water
Conservation District, Wolford Mountain Project, Ritschard Darn
construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at
a paint which bears S. 531:24'56" E. a distance of 3,395.51 feet from the
NW Corner of said Section 25; the bearing of said dam axis from Sta.
19 +35.61 to Sta. 0+00 being S. 75 Deg. 28' 29" E.
iii. Source: Muddy Creek and its tributaries
iv. Amount: 6,000 acre feet conditional
V. Appropriation Date: January 16, 1995
7
vi. Use. All beneficial uses by and for the benefit of the inhabitants of
the Colorado River Water Conservation District, including but not limited
to domestic, municipal, industrial, irrigation, agricultural, piscatorial and
recreational; such uses will include environmental mitigation, including
environmental mitigation requirements associated with the Wolford
Mountain Project; such uses will be made directly or by substitution,
augmentation, or exchange. None of the water stored in the exercise of the
right will be delivered directly or by exchange, substitution, or otherwise
for use outside of Colorado Water Division No. 5.
(3) Case No. 98CW237:
CAsF. No, 07CW88 -6- Fn4mNG5, RuLiNc. & DECREE
Decree Date: July 6, 2000.
ii. Legal Description of place of storage; Same as for 95CW281.
iii. Source: Muddy Creek and its tributaries
iv. Amount: 30,000 acre feet conditional with 15,895 acre feet being
absolute for recreational and piscatorial and flood control.
V. Appropriation Date: November 17, 1998
vi. Use: Certain of the beneficial uses previously adjudicated for
Wolford Mountain Reservoir in Case No. 87CW283, District Court for
Colorado Water Division No. 5 (November 20, 1989 Judgment and
Decree), and Case No. 95CW281, District Court for Colorado Water
Division No. 5 (August 26, 1997 Judgment and Decree).
87CW283: The reservoir will be used to satisfy the requirements of the
Windy Gap Settlement made with the Municipal Subdistrict of the Nor-them
Colorado Water Conservancy District. This will involve all uses, including but
not limited to domestic, municipal, agricultural, and recreational uses. The
' reservoir will also be used to meet the water requirements of the inhabitants of the
River District for all uses, including uses in the Middle Park area.
95CW281: All beneficial uses by and for the benefit of the inhabitants of
the Colorado River Water Conservation District, including but not limited to
domestic, municipal, industrial, irrigation, agricultural, piscatorial and
recreational; such uses will include environmental mitigation, including
environmental mitigation requirements associated with the Wolford Mountain
Reservoir Project; such uses will be made directly or by substitution,
augmentation, or exchange.
Remarks: The Refill Right described herein will be exercised to provide supply
for the Western Slope uses of water from Wolford Mountain Reservoir described
above, including flood control, other operational purposes, and environmental
mitigation and enhancement for the benefit of uses within the District. The Refill
Right will not be used in conjunction with the Reservoir capacity (24,004 a.Q
which is allocated for the supply of water to the Denver Board of Water
Commissioners under Applicant's contractual relationship with Denver, or the
Reservoir capacity (6,000 AP) which is allocated for Colorado River endangered
fish releases.
17. Names and Addresses of Owners or reputed owners of land upon which augmentation
structures are located: United States Department of interior, Bureau of Reclamation, Eastern
Colorado Area Office, 11056 West County Road 18E, Loveland, CO 80537 -9700. Notice of
filing and a copy of the application was provided by certified mail, return receipt requested to the
CASF, No. 07CW88 -7- TINDINCS, RULING & DECREE?
El
owners of the land upon which any new diversion structure or existing diversion structure are or
will be located pursuant to C.R.S. § 37- 92- 302(2)(b)(11).
STATEMENT OF PLAN FOR AUGMENTATION
18. Statement of plan for augmentation:
A. Nature and Purpose of Augmentation Plan:
Applicant has entered into a lease to perform gravel mining operations on
property owned by Specialty Restaurants Corporation and Stockton Restaurant
Corporation depicted in Figure 1, attached hereto and incorporated by reference, and
generally described as being located along the north bank of the Colorado River in
Section 33, Township 7 South, Range 96 West of the 6`s P.M., in Garfield County,
Colorado.
The purpose of the augmentation plan described herein is to protect the water
supply for the RTZ Gravel Pit Wells 1 and 2 during the gravel mining operations and
during the post - reclamation phase. The RTZ Gravel Pit Wells have junior water rights
that are subject to a call by downstream senior water rights. Therefore, depletions caused
by evaporation from the gravel pits and from the industrial uses associated with the
gravel mining operation must be augmented. Out -of- priority depletions from the RTZ
Gravel Pit Wells will be augmented using augmentation storage water purchased from the
River District.
B. Estimated Water Requirements, Consumptive Uses and Depletions:
(1) Gravel Mining Operations;
Water uses associated with the Applicant's gravel mining operations
include gravel production and dust control. At full production, it is estimated that
the RTZ Gravel Pit Wells will produce 150,000 tons of gravel per year. A net
moisture loss of four percent (4 %) by weight will occur with the gravel miring
process, and the water use is 100 percent consumptive. At 150,000 tons per year
(TPY), the estimated water diversion and depletion for gravel production use is
4.4 acre feet per year, which will distributed equally by month throughout the
year as shown on Table 1, attached hereto and incorporated herein by reference.
It is estimated that 10,000 gallons of water per day will be required for
dust control during mining operations. The amount of water used for dust control
is approximately 8.4 acre feet per year, which is distributed equally by month
throughout the year as shown on Table 1. The water use is 100 percent
consumptive, for a total dust control depletion of 8.4 acre feet per year.
CASE No. 07CW88 - 8 - FINd1NGs, RULING & DECREE
Total water diversions and depletions for gravel production and dust
contra[ are estimated to be 12.8 acre feet annually.
(2) Pond Evaporation
Stream depletions will also occur from the evaporation of exposed
groundwater in the RTZ Gravel Pit Wells created by mining operations. The
gravel pits will be created over the life of the mining operation and, at completion
of mining operations, the total surface area of the gravel pits will be up to 19.4
acres (15.5 acres for RTZ Gravel Pit Well 1 and 3.9 acres for RTZ Gravel Pit
Well 2). Using the SEO method outlined in the General Guidelines of Substitute
Water Supply plans for Sand and Gravel Pits, the Applicant's engineer calculated
the net evaporation rate from the RTZ Gravel Pit Wells to be 3.29 acre feet per
exposed surface acre.
C. Augmentation Requirements:
(1) Augmentation during gravel mining operations:
Table 1, attached hereto and incorporated herein by reference, shows the
anticipated monthly depletions and augmentation requirements schedule during
gravel mining operations. Total annual depletions associated with the gravel
mining operation will equal 63.9 acre -feet at full build -out of the gravel pit wells.
The RTZ Gravel Pit Wells will be located adjacent to and within 1000 feet of the
Colorado River in a shallow, highly porous gravel formation hydraulically
connected to the Colorado River. The timing of stream depletions from the uses of
the gravel pit ponds are presumed to be instantaneous.
The water level in the gravel pit wells will seek equilibrium with the
surrounding groundwater table. Allowing the water level in the gravel pit wells to
increase during a call could cause lagged depletions to the Colorado River.
Applicant shall not increase the water level in the gravel pit wells during
enforceable calls.
Total stream depletions at full build -out of the gravel mining operation
include 38.8 acre -feet of potential out -of- priority depletions that will occur during
the historical call period from downstream senior water rights on the Colorado
River. In an extreme dry year (2002 dry year scenario), the call has historically
eccurrsd for 114 days during the months of April through October, see Table 1
attached hereto.
Augmentation water will be provided from the storage water sources
CASE No. 07CW88 - 9 - FINDiNGs, RULING & DECREE
identified above pursuant to a contract with the River District as necessary to
augment out -of- priority depletions. The analysis of depletions and augmentation
requirements shown on Table I indicates that 38.8 acre feet of contract water is
required to replace the depletions at full build -out of the gravel mining operations.
Water released pursuant to the allotment contract will include an assumed ten
percent (10 %) transit loss, which may be modified pursuant to C.R.S. §§ 37-80 -
102(7) and 37 -83 -104.
(2) Augmentation During Past - reclamation Phase
Following the cessation of mining operations, during the post - reclamation
phase, the only consumptive use of water will be caused by evaporation from the
RTZ Gravel Pit Wells. So long as groundwater is exposed to the atmosphere
from the RTZ Gravel Pit Wells, Applicant shall be responsible for replacing the
evaporative depletions caused thereby. Total annual evaporative losses are
estimated to be 63.8 acre feet per year, Of that amount, 34.4 acre feet will be out-
of-priority during the historical call period from downstream senior water rights
on the Colorado River, see Table 2, attached hereto and incorporated herein by
reference.
During the post - reclamation phase, out -of- priority evaporative depletions
will be augmented using contract storage water. The schedule of past - reclamation
depletions and replacement water requirements is shown on Table 2. The analysis
of post - reclamation depletions and augmentation requirements indicates that 31.3
acre feet of contract water is required to replace evaporative depletions.
Applicant's total contract water purchase obligation associated with delivery of
reservoir storage water during the post - reclamation phase is 34.4 acre feet per
year which includes ten percent (10/0) attributable to transit losses, which may be
modified pursuant to C.R.S. § §37 -80- 102(7) and 37 -83 -104.
19. The water to be provided for augmentation is of a quality and quantity so as to meet the
requirements for which the water has been used by senior downstream appropriators, and
therefore meets the requirements of C.R.S. § 37- 92- 305(5).
20. Wells constructed in accordance with State Engineer's Well Permit Nos. 27441, 225425,
269894, and 206240 may be located within 600 feet of the RTZ Industrial Gravel Pit Wells 1 and
2. Applicant will either obtain waivers for all wells located within 644 feet or participate in a
hearing, pursuant to C.R.S. § 37- 90- 137(b)(II) prior to issuance of well permits for the RTZ
Gravel Pit Wells.
11. CONCLUSIONS OF LAW
I. To the extent they constitute legal conclusions, the foregoing Findings of Fact are
incorporated herein.
fz• �
CASE No. 07CW88 -10 • FINDINGS, RuuNG & DEcREE
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2. All notices required by law have been properly made, including as required under C.A.S.
§37- 92-302(3). The Court has jurisdiction over the Application and over all entities or persons
who had standing to appear, even though they did not do so.
3. The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969, C.R.S. §§ 37 -92 -101 through -602.
4. The Court has given due consideration to the Division Engineer's Summary of
Consultation dated January 14, 2008. See C.R.S. §37- 92- 342(4). A copy of the Summary of
Consultation was properly served on all parties to the case.
5. Applicant has fulfilled all legal requirements for a decree for the requested water rights,
including C.R.S. §§ 37 -92 -302 and 37 -92 -305.
6. Applicant has fulfilled all legal requirements for a decree for the requested plan for
augmentation, including C.R.S. §§ 37 -92 -342 and 37 -92 -305.
7. Pursuant to C.R.S. § 37 -92- 305(8), the plan for augmentation is sufficient to permit the
continuation of diversions when curtailment would otherwise be required to meet a valid senior
call for water, because the Applicant will provide adequate replacement water necessary to meet
14) the lawful requirements of a senior diverter at the time and location and to the extent that the
senior would be deprived of his or her lawful entitlement by the Applicant's diversion.
8. The Court hereby concludes the Applicant has established that water can and will be
diverted under the subject conditional water rights and will be beneficially used, and that this
water supply project can and will be completed with diligence and within a reasonable time.
9. The conditional water rights decreed herein are individual components of Applicant's
integrated water supply system. Consequently, in subsequent diligence proceedings, work on any
one feature of Applicant's supply system shall be considered in finding that reasonable diligence
has been shown in the development of water rights for all features of Applicant's water supply
system, see C.R.S. § 37- 92- 301(4)(b).
10, if operated in accordance with the terms and conditions of this decree, the plan for
augmentation described herein will prevent injury to senior vested or decreed conditional water
rights.
[ 1. The subject Application is in accordance with Colorado law. Applicant has fulfilled all
legal requirements for entry of a decree in this case.
M. JUDGMENT AND DECREE
The foregoing Findings of Fact and Conclusions of Law are incorporated herein.
CASE No.07CW88 -11- F1NI iNCs, RULING & DECREE
1E
2. The Court hereby awards water rights to the RTZ Gravel Pit Well No. 1 and the RTZ
Gravel Pit Well No. 2 in the amount of 2.0 c.f:s., conditional, for each well, and as more fully
described herein.
3. The Court hereby decrees and approves the plan for augmentation described herein.
4. In consideration of the specific findings and conclusions made herein, and in
conformance with C.R.S. § 37 -92- 304(6) (1990), as amended, the plan for augmentation decreed
herein shall be subject to reconsideration by the Water Judge on the question of injury to the
vested water rights of others for a period of five years from Applicant's notice to the Division
Engineer and the Water Court that the augmentation plan has become operational and the project
has reached 75% build -out. Such notice must confirm that the decreed augmenting sources are in
place, that the terms and conditions necessary to operate the plan as required by the decree have
been met, and that the augmented uses and augmentation have been initiated. If no petition for
reconsideration is filed within said five years, retention of jurisdiction for this purpose shall
automatically expire. Any party who wants the Court to reconsider the question of injury must
file a verified petition with the Court, setting forth the facts that cause such injury and explaining
the claimed injury. The party filing the petition shall have the burden of going forward to
establish the prima facie facts alleged in the petition. If the Court finds those facts to be
established, the Applicant shall thereupon bear the burden of proof to show (a) that any
modification sought by the Applicant will avoid injury to other water rights, or (b) that any
modification sought by the petitioner is not required to avoid injury to other water rights, or (c)
that any term or condition proposed by Applicant in response to the petition does avoid injury to
other water rights.
5. In conformance with Colo. Rev. Stat. § 37- 92- 345($), the State Engineer shall curtail all
out -of- priority diversions, the depletions from which are not so replaced under the terns and
conditions of this decree as to prevent injury to vested water rights.
6. The applicant shall install measuring devices, provide accounting, and supply
calculations regarding the timing of depletions as required by the Division Engineer for the
operation of this lan. The applicant shall also file an annual report with the Division Engineer
by November 15` following each preceding irrigation year (November I through October 31)
summarizing diversions and replacements made under this plan.
7. Review of determinations made by the Division Engineer or the State Engineer in
administration of the subject water rights and plan for augmentation are rater matters over
which the Water Court has exclusive jurisdiction.
8. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or other transfer of the conditional R:12 Gravel Pit Well No. I and the RTZ Gravel Pit
Well No. 2 rights, the transferee shall file with the Division 5 Water Court a notice of transfer
which shah state:
CASE No. 07CW88 -12- FINDIIdGS, RULING & DFCREE
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.ipprovod, and is evade the 11ad)!rlleni and Decree of l€n i Cuum The eondltiviial xalct dells 111
tit K f L Grape1 I1ii 1 CILN. No. 1 kills! -' clear :heel for diligence hcrem shrill he in tilll fnivc and
cliect 11C111 •� {�''!_ -- N11. - if the A1)131 K J1II wishcs IU mar n to in IhC co i i d i Lit) E 1aI %%a!ui
I'+_'IkL4 111elk -Atev it tih[11l lilt kart kifJ17I1CM1 011 fof 7 lEndlEig of (+I1 or 1?elilfc 111:11
,laic, I r n1a1k�! :+ : lulu uvi ern �r € efore Eheii that the dlIndjtional t %,ki r Talus have becnnxr al}-:,Iil w
reauon of Ific :ompjolon of the a1 {lyd �rialiuns.
!l -1W L`l1, ,iav l
ii1•'I i I F co I w
s�.
i
+
)
–-— ---
1`0
(.^`^ , )- m-� ; u� :°°`nu.v^m.,..
k"ll
1 i I �� x a `r� .! ` + s I f 1 .•r''I` i • t �� \ � '1 `� ��* 1• � aI
n '
i
� � i1.� � }J,f/Ir' ✓f �# 4 :. � ` »r\ .� ,� r � � � � •�. -� -14 ' 4 r � ., . f . ��.
f
s ./p 1 V1-
�f RlLflravelPitWcuNo.2 Property Boundary
NW it & NE NEJ, Section 33
676 FELT, 447 FNL
M, R96W, 6th Ph!
RTZ Gmvel Pit Well No. l
SW I. SL I& NE } , NEj, Section 33
616FEL, 1390FNL
fi7S, R96W, 6th PM
4r��
rrhh frt F
(
� ��51.17Q, fyr, M %j ��. '1 � $1� ♦ J/�.- ��} j`'
• r - _
vrr f r -� r`✓r rrr�. y f �.P } E
j r E
1 :•
MM400, s , `
$Colt! ip F..t
�_ - -- FIGURE NO.
Gravel Pits Locations RTZ INDUSTRIAL
:ALE: DATE: SHEET;
1. 3 ZUDO' 25 April 2007 1 OF a 2si�Y't^ANELLA i7N�J ASSfKJAL �z ih�:
rlRAllli er: 16-KID BY: ArPD BY. 71iAS�+II e itrGJN cowsm AJV
Posy offx.E BOX Im — 141$ raww at,ferJf lia iE —
DLR TJK 7AZ r.!ir a `Iart.,.+t� ragw0 o svmtra5, CMUR ,nn fl(AZ (470) +r0 —!LOa r -[ 499
TAW F
Rig Cnsrel !it
Augmentation Rcquirements • Mining
T61a15ur9ce Arcs 19.4 urea
Mwd Produatm Net! 12.400 tons
Ur ._ _.�!lrwWrIX l�,0001�
[4•Wr >9u�lnw�r.f SeM lliy Yw •• - - -y E..vw.ue. x.a lV awcrr �er¢y5brrvti.'y�wnr
µi l�ewi4 e.. K•e�w.l =.3 4 W
e[ l9rrf 4 ai • r� W �Mwn ��a
f�l Lpe1 �'Ww [�l - - -- --y .+�� •fMr w d ..ni rr c.�w I�f fM 1� pvaw
Z. ,2m i9 2 12 And m kp.e yR
N! r-
1Ji
4a0
14Ar
f"t
01
l'
Mond
M6wx Pro&hmico
Q1ife Coetrat
Suldc< E
Toni
Auk
Cravat Mined Weer 17epittion
YDife t Arq k 15.5 at
PEre 2 Mp' 3.9 ac
Fgal AM- 19A K
2002 Can Days
Regnir i
mr-
i
IPti meaalbu
12.500 0.4
0.7 t
1.1
0.3
1.3
141
0
4.OD
ImuAry
Febn.try
12.%0 0.4
0.44
].5
0.4
1.S
2 -93
0
0.00
marsh
12300 0A
0.71
25
016
3.2
4.24
0
0.00
April
12.500 014
0.0
4.6
1.2
5.9
16M
5
115
May
12.500 0.4
0.71
4.5
t.6
91
9.2E
7
2.25
Lune
12.500 0.4
0.69
8.2
2.1
11713
:139
6
2.S0
July
12,500 0.4
0.7E
E3
2.1
:0A
11.46
31
126]
August
12,500 0.4
0.71
73
11
9.1
10.]4
3i
11.20
Sqm mbar
12,500 DA
0.69
5.1
13
6.4
7.49
30
9.24
Detober
12.500 0.4
0.71
31
0.6
4.0
5.11
4
0.72
W
12500 04
0.69
1.6
0.4
2.1
3A3
0
0.00
CCCwher
I2 500 0.4
0.73
2.0
0 -3
E.3
2 -33
0
0.00
ITOO"�
aal
150.000 4.4
$.4
50.5
12 -9
63 -5
74 -6
tt4
3S.$
Ur ._ _.�!lrwWrIX l�,0001�
[4•Wr >9u�lnw�r.f SeM lliy Yw •• - - -y E..vw.ue. x.a lV awcrr �er¢y5brrvti.'y�wnr
µi l�ewi4 e.. K•e�w.l =.3 4 W
e[ l9rrf 4 ai • r� W �Mwn ��a
f�l Lpe1 �'Ww [�l - - -- --y .+�� •fMr w d ..ni rr c.�w I�f fM 1� pvaw
Z. ,2m i9 2 12 And m kp.e yR
4 4
Tabk 2
RTZ Gravel. IN t
Augmentation Requirements - Past Mining
Twal Surface Amal 19 -4 acres
r11 Equals PmQwid Swt'ace Am Igrley Mmthly Evaporation hale. lR= de.eWW based on 59-1:0 Guidelines)
121 E4ue13 Pr-lyd S-fi" Area ai111es mmtW E-poration Rafe (R4e devNaped baud on 59.170 Cuidclu e l
l)'] Equal, the wm or why (I &2).
i43 Equate CAlumo 0)
(51 Rued vn SEO Records foe Cameo C:W
14) E'4aab Column 96) dm� by wlllber or days in the march d w Cnlllmc 15) plus 10 pncenr
._�_+^�•,.� -F•- . �:. .r.•..- :-s.�y-+.wc.mtr- u,_, -r.:
's-:•.... -,i :-�: =Y'9;?
0.16
31
- �...f.l. 0,30
Month
0.42
Surface EY4,oradw
TOW
0.53
Augmentation
Phase I A2ca - 15.$ ac
Prase 2 Area - 33 ac
Final Area - t9A aC
..��•
0.27
2002 Cam Day*
Reg1sMuwr1
1
ac- 1y
Iac
fdc- }
m 1096 wnnaie ten
:January
1.1
0.3
1.3
1.33
0
O.I30
Fetuuawy
1 -5
0.4
1.8
1 -82
0
0.00
Mamb
2 -5
GA
3.2
3,15
0
0.00
April
4 -6
l .2
5 -8
5.77
5
1.06
May
6.5
1.6
SA
8.10
7
2.01
Jung
8.2
It
10.3
1033
6
7 -27
July
8 -3
2.1
10.4
10,38
31
11,42
August
73
1.8
9A
9.1D
31
10 -01
September
5.1
1.3
6.4
6A3
30
7 -08
0.tob -ar
3 -2
0.8
4.0
4.02
4
0 -57
Novcnt c
1 -6
0 -4
2.1
2 -07
0
0.00
Deom :r
I.0
0 -3
13
t.25
0
0.00
r11 Equals PmQwid Swt'ace Am Igrley Mmthly Evaporation hale. lR= de.eWW based on 59-1:0 Guidelines)
121 E4ue13 Pr-lyd S-fi" Area ai111es mmtW E-poration Rafe (R4e devNaped baud on 59.170 Cuidclu e l
l)'] Equal, the wm or why (I &2).
i43 Equate CAlumo 0)
(51 Rued vn SEO Records foe Cameo C:W
14) E'4aab Column 96) dm� by wlllber or days in the march d w Cnlllmc 15) plus 10 pncenr
._�_+^�•,.� -F•- . �:. .r.•..- :-s.�y-+.wc.mtr- u,_, -r.:
's-:•.... -,i :-�: =Y'9;?
0.16
31
- �...f.l. 0,30
30
0.42
31
0.53
31
JI
ltl.i•J
..��•
0.27
31
[0
1
]
.. ..+c -- 1 1.
M7��4
Z.NC Alf -M: -p
T] k • L ?71Z00'
Z:26UO( ,d' q 19 RTL Cnnl PwAugrmution Req, rancros