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6.4.3 Additional Supplies of Augmentation/Replacement Water. Pursuant to <br /> C.R.S. §37-92-305(8)(c), the Court may authorize Applicant to use additional or alternative <br /> sources of augmentation water for replacement in this augmentation plan, including water leased <br /> by Applicant, if such sources are part of a substitute water supply plan approved pursuant to <br /> C.R.S. §37-92-308 or if such sources are decreed for such replacement use. The following <br /> paragraphs set forth the procedure under which these sources may be added to this plan for <br /> augmentation. <br /> (a) Additional Water Rights Separately Decreed for Augmentation <br /> Use. If a surface or groundwater right is decreed or lawfully available for augmentation use and <br /> not already approved for such use under this decree, Applicant shall file with the Court and serve <br /> on the Division Engineer and the opposers at least 63 days advance written Notice of Use of <br /> Water Right for Augmentation which shall describe: 1) the water right by name and decree, if <br /> any; 2) the annual and monthly amount of water available to Applicant from the water right; <br /> 3)the location or locations at which the water will be delivered to the stream; 4) whether or not <br /> the source of water includes, or is derived in whole or in part from, effluent discharged to Clear <br /> Creek or its tributaries at a point upstream of the Croke Canal headgate on Clear Creek; <br /> 5) evidence that the claimed amount of water is not and will not be used by any other person; <br /> 6)the manner in which Applicant will account for use of the augmentation water; and <br /> 7) information regarding how the additional water rights will be projected and analysis regarding <br /> whether revisions to the projection are required. If any party, or the Division Engineer, wishes to <br /> object to the addition of the noticed water rights to this plan for augmentation, a written <br /> objection shall be filed with the Court within 63 days after the date the Notice was filed and <br /> served by Applicant. If no objection is so filed, then Applicant may use the noticed water rights <br /> in this plan in the manner stated in this Decree, without further action by the Court. If an <br /> objection is filed, then Applicant may not use the noticed water rights until the Court determines <br /> that the water rights may be used in this plan for augmentation and, if so, the Court may impose <br /> such terms and conditions as necessary to prevent injury to vested water rights and decreed <br /> conditional water rights. Applicant shall have the burden of proving no injury to vested water <br /> rights resulting from the proposed use of the noticed water rights, including, but not limited to, <br /> compliance with the water quality requirements of C.R.S. § 37-92-305(5). If the Notice <br /> requested temporary use of the noticed water rights in this plan for augmentation for a period not <br /> to exceed one year, then the Court shall grant an expedited hearing and promptly decide the <br /> disputed issues. If the Notice requested use for more than one year or permanent use of the <br /> noticed water rights in this plan for augmentation, then the Court shall conduct whatever <br /> proceedings are needed to appropriately address and resolve the disputed issues. This paragraph <br /> shall apply to all separately decreed sources, whether they are permanent additions to this plan <br /> for augmentation or of limited duration. <br /> (b) Other Additional Water Rights. If a water right is not decreed or <br /> otherwise lawfully available for augmentation use, Applicant may seek approval to use the water <br /> right as a supplemental source of augmentation water pursuant C.R.S. §37-92-308 or successor <br /> statutes, and Applicant may file an application to amend this Decree to include such source as a <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 11 <br />