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2018-04-11_PERMIT FILE - M1974004
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2018-04-11_PERMIT FILE - M1974004
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Last modified
1/19/2021 9:02:35 PM
Creation date
4/11/2018 4:16:33 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1974004
IBM Index Class Name
PERMIT FILE
Doc Date
4/11/2018
Doc Name
Findings Of Fact/Conclusions Of Law/Declaratory Order
From
Dist. Court - Water Division No. 1
To
DRMS
Email Name
MAC
WHE
Media Type
D
Archive
No
Tags
DRMS Re-OCR
Description:
Signifies Re-OCR Process Performed
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of the relief requested by the Application and granted by this Decree. The Court has <br /> jurisdiction over the subject matter of this case to enter the Decree requested and over all <br /> persons affected thereby, regardless of whether they have chosen to appear. See C.R.S. <br /> § 37-92-302. <br /> 15. Filing. Applicant properly filed the application in this matter with the Water Court under <br /> C.R.S. § 37-92-302(1)(a). The parties appearing in this matter filed timely statements of <br /> opposition. The time for filing statements of opposition has expired. <br /> 16. Satisfaction of Burden of Proof. Applicant has complied with all requirements and met <br /> all standards and burdens of proof, including, but not limited to, C.R.S. §§ 37-92-302, 37- <br /> 92-304, and 37-92-305. Applicant is therefore entitled to a decree confirming and <br /> approving the requested amendments to the plan for augmentation and changes of water <br /> rights adjudicated by the Consolidated Decree, the claimed conditional storage and direct <br /> flow water rights, changes to Magic Mountain Reservoir water rights for an alternate <br /> point of diversion and alternate place or storage, and the requested appropriative right of <br /> exchange. <br /> JUDGMENT AND DECREE <br /> Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby ruled, <br /> adjudged, ordered, and decreed that: <br /> 17. Incorporation of Findings and Conclusions. The foregoing Findings of Fact and <br /> Conclusions of Law are incorporated herein as part of the Decree. <br /> 18. Approval of Application. The Application is hereby confirmed, approved, adjudicated, <br /> and decreed, subject to the terms and conditions described herein. <br /> 19. Amendment to Augmentation Plan. The plan for augmentation adjudicated by the <br /> Consolidated Decree is hereby amended as described in Paragraph 6 above. In particular, <br /> Martin Marietta may use water under the Coors leases as an additional source of <br /> augmentation water in a manner consistent with Paragraph 6.3.1 and may use additional <br /> sources of augmentation water it acquires in the future under the procedures described in <br /> Paragraph 6.4.3. The Lowell Pit site and the Corporate Office, including Gordon Lake <br /> and the future concrete batch plant, are removed from the augmentation plan and Martin <br /> Marietta has no obligation to augment stream depletions from those facilities. No out-of- <br /> priority depletions from the Lowell Pit, or the Corporate Office, including Gordon Lake, <br /> are authorized pursuant to the Consolidated Decree or this Decree. The facilities and <br /> operations to be augmented under the amended plan include the Spec Agg Quarry <br /> (including out-of-priority diversions and storage in the Magic Mountain Reservoir), Spec <br /> Agg Pit, the Fenton Pit and Heritage Square to the extent water is supplied through the <br /> tributary wells on the property and not through the City of Golden's municipal water <br /> system. Applicant may use excess augmentation credits not needed under this plan to <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 22 <br />
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