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Decree <br /> Case No. 04CW6 <br /> Applicant's Augmentation Plan is hereby approved. <br /> 36. 1 . In addition to the terms and conditions set forth above, Applicant shall limit <br /> the surface area of exposed groundwater in the Timnath Pit including <br /> trenches and the Deep Pond on the Kehn Property at all times to no more <br /> than 25 acres. <br /> 36.2. Applicant shall replace depletions as required by the Augmentation Plan <br /> until such time as the Timnath Pit and Deep Pond have been lined in <br /> compliance with State of Colorado Engineer's Office protocol and all <br /> lagged depletions have been replaced. <br /> 36.3. Applicant shall not conduct any dewatering of the Timnath Pit or Deep <br /> Pond as part of its operations.To the extent any groundwater is incidentally <br /> removed from an active pit, except for use in mining operations as described <br /> above, the same shall be immediately delivered to the Recharge Pit. <br /> 36.4. Applicant shall annually monitor and report to the court and the opposers in <br /> this case the number of acres of wetlands established for mitigation as <br /> pursuant to the Applicant's mining permits. If the acres of wetlands <br /> established for mitigation exceed 78.4 acres, the court shall retain <br /> jurisdiction of this matter to determine whether such excess acres cause <br /> depletions that must be legally augmented by the Applicant in order to <br /> prevent injury to other water rights. <br /> 36.5. The court shall retain continuing jurisdiction to resolve any issue of injury <br /> related to any failure of the Applicant to construct the Recharge Pit or <br /> Storage Pond or to obtain Water Commissioner or Division Engineer <br /> approval of the Recharge Pit and any failure demonstrated by the <br /> Applicant's accounting of the Recharge Pit to infiltrate on a monthly basis <br /> the amount of water necessary to replace the return flow obligations and <br /> augmentation requirements of this decree. <br /> 37. Administration by the State and Division Engineers.eers. The State Engineer and <br /> Division Engineer shall administer this decree in accordance with the terms and <br /> conditions set forth herein. The State Engineer shall curtail all out-of-priority <br /> diversions the depletions from which are not so replaced as to prevent injury to <br /> vested water rights, pursuant to C.R.S. §37-92-305(8). Applicant shall install such <br /> measuring devices as are reasonably determined by the Division Engineer to be <br /> necessary for the proper administration and operation of this decree. <br /> 38. Filing. This Ruling and Decree shall be filed with the Water Clerk and a copy <br /> filcd with the State Engineer and Division Engineer. <br /> 15 <br />