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reusable; this water is fully consumable and may be used to supply Martin Marietta's <br /> augmentation needs under this Decree. Nothing in this Decree precludes Applicant or Coors <br /> from appealing that order, and the corresponding limitation on Coors's use of water under those <br /> decrees, nor does it preclude Coors from seeking to change or amend its water rights decrees to <br /> allow Coors's fully consumable effluent derived from native sources pursuant to its plans for <br /> augmentation to be reused, successively used, leased or conveyed to third parties, including <br /> Applicant, for augmentation purposes. To the extent such an appeal or a decree changing or <br /> amending the Coors water rights decrees allows additional fully-consumable effluent under the <br /> Coors decrees to be used as augmentation water under the Coors leases, the restrictions of the <br /> Court's 56(h) Order shall no longer apply to this Decree. <br /> (c) To the extent any augmentation water or water to be used by exchange furnished <br /> by Coors to Martin Marietta includes water delivered by Thornton to Coors pursuant to existing <br /> agreements between the Adolph Coors Company and the City of Thornton (as amended) and <br /> between the City of Golden and Adolph Coors Company (both dated May 23, 1988 and the <br /> subject of the decree in Case No. 96CWI117), Coors's disposition or assignment of such water <br /> to Martin Marietta is subject to the terms of said agreements and decree. <br /> 6.3.2 Spec Agg Pit. Water stored in the Spec Agg Pit will be used for <br /> augmentation and replacement. The water released from the Spec Agg Pit is subject to transit <br /> losses between the point of release and the point of depletion on Clear Creek, as assessed by the <br /> Division Engineer. <br /> 6.3.3 Additional Sources <br /> Martin Marietta also seeks to add additional sources of replacement water that it may <br /> acquire or lease at a later date. In the event that Martin Marietta acquires additional water rights, <br /> such additional sources may be added pursuant to the procedures described in Paragraph 6.4.3 <br /> below. <br /> 6.4 Operation of Amended Plan for Augmentation <br /> 6.4.1 Irrigation season depletions will be replaced as provided by the <br /> augmentation plan in the Consolidated Decree, by relinquishing water under the Changed Water <br /> Rights. As provided in the Consolidated Decree, excess consumptive use credits are stored in <br /> Magic Mountain Reservoir by exchange. Out-of-priority depletions associated with evaporation <br /> and operational losses will be replaced under the Consolidated Decree, through releases of water <br /> stored in Magic Mountain Reservoir in priority or pursuant to the ditch exchanges in the <br /> Consolidated Decree. <br /> 6.4.2 In addition to the operations described in Paragraph 6.4.1, this amendment <br /> allows Martin Marietta to exchange water under the Coors leases into the Spec Agg Pit and <br /> Magic Mountain Reservoir to augment out-of-priority depletions and to replace irrigation return <br /> flows associated with the Changed Water Rights. <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 10 <br />