2018-04-11_PERMIT FILE - M1974004

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2. Purpose of Application The Application seeks to amend the plan for augmentation and changes of water rights in Consolidated Case Nos. 90CW215 and 91CW47 ("the Consolidated Decree"). It also seeks an appropriative right of exchange to store excess water available through a Coors Brewing Company ("Coors") lease in the Magic Mountain Reservoir associated with Martin Marietta's Specification Aggregate Quarry ("Spec Agg Quarry") located outside of Golden, Colorado and in the quarry pit located on the Spec Agg Quarry ("Spec Agg Pit"). The Spec Agg Pit is excavated into bedrock and is mostly comprised of quartz and granite. The augmentation plan under the Consolidated Decree provided for the augmentation of existing and proposed future depletions at four facilities owned by the then-applicant Western Mobile, Inc., namely: i) its Corporate Office, including Gordon Lake; ii) anticipated irrigation uses at the Lowell Pit site; iii) depletions occurring at the Spec Agg Quarry, referred to as the "Golden Quarry" in the Consolidated Decree; and iv) tributary wells to supply water for domestic, irrigation and amusement pond uses at the Heritage Square amusement park and retail shopping facilities. The locations of these facilities are depicted on the map attached as Fizure 1. The Consolidated Decree changed and quantified the historical use and consumptive use for certain shares of irrigation water rights for the Fisher Ditch, Kershaw Ditch and Manhart Ditch (the "Changed Water Rights"), located on Clear Creek and Ralston Creek, to allow their use for multiple purposes, including in the plan for augmentation. The Consolidated Decree also adjudicated exchanges from the historical diversion locations of those ditches to the Magic Mountain Reservoir and the sources of supply of the Spec Agg Quarry. Except as stated herein, the Application does not seek to alter, amend or change in any way the terms and conditions, change of use and quantification of augmentation water adjudicated by the Consolidated Decree or the exchanges established thereby. The Application does seek to amend the plan for augmentation as follows: • add up to 200 acre feet of water per year pursuant to a Water Lease Agreement with the Coors Brewing Company as a source of augmentation water; • provide that the Applicant can include future additional sources of augmentation water upon notice to the Division Engineer and the opposers in this case; • quantify and provide for the exchange and storage of additional water supplies to meet the demands at the Spec Agg Quarry that have increased since the entry of the Consolidated Decree; • eliminate from the augmentation plan projected future uses of water at the Lowell Pit, which Martin Marietta does not own and for which it claims it is not responsible; Judgment and Decree Application of Martin Marietta Materials,Case No. 13CW3053 Page 2