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r <br /> Decree <br /> Case No. 04CW6 <br /> augmentation pursuant to the terms and conditions set forth herein. §37-92- <br /> 305(3), C.R.S. <br /> 32. Administration. The change of water rights and plan for augmentation decreed <br /> herein is administrable by the officials of the State of Colorado, so long as <br /> operated in accordance with the terms of this decree. <br /> III. JUDGMENT AND DECREE <br /> 33. Incorporation of Findings of Fact and Conclusions of Law. The foregoing <br /> _ Findings of Fact set forth in Section I and Conclusions of Law set forth in <br /> Section II are incorporated herein by reference and made part of this ruling and <br /> decree. <br /> 34. Accounting. The accounting shall demonstrate that all out-of-priority depletions <br /> and historical return flows are replaced in time, place, and amount, pursuant to the <br /> terms and conditions of this Decree. Accordingly,the Applicant shall perform <br /> daily accounting and report on a monthly basis using forms that include at a <br /> minimum: the total amount of Box Elder Ditch deliveries to the Kehn Property; <br /> 2)tracking of total monthly and annual volumetric limits applicable to the <br /> changed Water Rights; 3) daily surface water and groundwater return flow <br /> obligations; 4)the amount of water that is delivered directly to the Cache la <br /> Poudre River for the replacement of surface water return flow obligations; 5)the <br /> estimated monthly evaporation and operational losses as set forth in Table 6 <br /> above; 6)the amount of water that is delivered into the Recharge Pit for <br /> replacement; 7) the calculated amount of water that is recharged monthly into the <br /> aquifer using the protocol described in paragraph 24 above; 8)monthly tracking <br /> of the exposed water surface areas and monthly reporting of aggregate mined so <br /> that evaporative depletions and operational losses do not exceed the estimated <br /> maximums set forth in Table 6 above; 9)annual reporting of the number of <br /> wetland mitigation acres established pursuant to the Applicant's mining permits; <br /> 10) any transit losses that the Water Commissioner may deem necessary to assess; <br /> and 11) any groundwater removed from an active pit and delivered to the <br /> Recharge Pit. Applicant shall use the accounting forms that are attached hereto as <br /> Exhibit C. The Accounting forms may be changed upon approval by the Division <br /> Engineer,provided the minimum information set forth above is included, but <br /> Applicant must first provide the opposers in this case notice of the proposed <br /> changes and 35 days to provide comments to the Division Engineer on any <br /> proposed changes. Applicant's,accounting shall be made available to any opposer <br /> in this case at no cost upon reasonable request. <br /> 35. Change of Water Rights Approved. Subject to the terms and conditions of this <br /> decree,Applicant's change of water rights is hereby approved. <br /> 36. Augmentation Plan Approved.'Subject to the terms and conditions of this decree, <br /> 14 <br />