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(e) Exchange to Lena Gulch Feeder Ditch No. 2 <br /> (i) Date of Initiation of Appropriation: October 30, 2015. <br /> (ii) How appropriation initiated: By the formation of the intent <br /> to divert and store water together with the filing of this Application. <br /> (iii) Amount claimed: 1.0 c.f.s. conditional. <br /> 12.1.5 Total amount claimed under the Coors Lease Exchange: 1.0 c.f.s. for each <br /> individual exchange or for any combination of the above exchanges: 0.06 c.f.s. of the exchange <br /> to Magic Mountain Reservoir is hereby made absolute, with the remaining 0.94 c.f.s. conditional; <br /> 0.08 c.f.s. of the exchange to Apex Gulch Feeder Ditch is hereby made absolute, with the <br /> remaining 0.92 c.f.s. conditional. <br /> 12.1.6 Use or proposed use: Storage in Magic Mountain Reservoir and Spec Agg <br /> Pit of water under the Coors leases in excess of that needed to augment out-of-priority depletions <br /> as described above. The exchanged water is to be used for industrial, commercial, reclamation, <br /> irrigation, dust control, concrete and asphalt production, rock washing, plant operations and <br /> replacement of evaporation from ponds and reservoirs, for augmentation of out-of-priority <br /> depletions at the Spec Agg Quarry and to replace return flows under the Consolidated Decree. <br /> (a) Name and address of owner of land on which points of diversion <br /> and places of use are located: All are located on land owned by the Applicant. <br /> 12.2 Applicant has initiated the appropriation of the requested exchange of 1.00 c.f.s. <br /> Applicant can and will complete the appropriation of the remaining portion of the exchange with <br /> reasonable diligence and within a reasonable time period. <br /> 12.3 This exchange and its appropriation dates are limited to the Coors leases, not to <br /> exceed 200 acre-feet per year, and not to other potentially new sources of water that may be <br /> exchanged through the structures listed in Paragraph 12.1.2 in the future. The exchange rate is <br /> limited to the lesser of 1 c.f.s., the amount of water actually released by Coors, the exchange <br /> potential, and the amount of water actually available for diversion to storage. <br /> CONCLUSIONS OF LAW <br /> 13. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated <br /> herein to the extent they constitute Conclusions of Law. <br /> 14. Notice and Jurisdiction. The Application is one contemplated by law and the Court has <br /> exclusive jurisdiction over this matter. See C.R.S. § 37-92-203(1), 302(1)(a). Applicant <br /> has given full and adequate notice of the claims adjudicated herein in the manner required <br /> by law. The Application and resume publications placed all interested persons on notice <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 21 <br />