2018-04-11_PERMIT FILE - M1974004

• 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
• Email Name: WHE
• Media Type: D
• Archive: No

meet augmentation or replacement obligations at other Martin Marietta facilities,
provided, however, that any such use shall be pursuant to a new application for a plan for
augmentation, change of water rights, substitute water supply plan, or other
administrative approval, including from the Colorado Division of Water Resources.
20. Amendment to Changes of Water Rights. The changes of water rights adjudicated by
the Consolidated Decree are hereby amended as described in Paragraph 7 above. Martin
Marietta may use water under the Coors leases and water stored in the Spec Agg Pit as
additional sources of replacement water for decreed non-irrigation season return flows
associated with the Changed Water Rights. It may also use replacement water it acquires
in the future for this purpose under the procedures described in Paragraph 6.4.3.
21. New Conditional Water Rights. The Court hereby grants and approves Applicant's
claimed conditional storage right for the Spec Agg Pit described in Paragraph 8 and for
Lena Gulch Feeder Ditch No. 2 described in Paragraph 9. The conditional storage right
for the Spec Agg Pit and conditional direct flow right for Lena Gulch Feeder Ditch No. 2
will be administered as having been filed in 2015 and shall be junior to all water rights
applied for in previous years. As between water rights filed in the same calendar year,
priority shall be determined by decreed dates of appropriation.
At least 63 days prior to initially storing water in the Spec Agg Pit under this
Decree, Applicant shall demonstrate to the Division Engineer that the Pit satisfies
the Colorado Division of Water Resources' Reservoir Administration Guidelines
as they apply to liners for subgrade storage.
22. Alternate Place of Storage and Point of Diversion. The Court hereby grants and
approves Applicant's request to change the decreed water rights and conditional water
rights for Magic Mountain Reservoir to add the Spec Agg Pit as an alternate place of
storage as described in Paragraph 11 and the Lena Gulch Feeder Ditch No. 2 as an
alternate point of diversion to the presently decreed points of diversion, as described in
Paragraph 10, subject to the following terms. Magic Mountain's absolute storage right in
an amount of 116.11 AF and conditional storage right in the amount of 3.89 AF shall be
administered as having been filed in 1990 and the conditional storage right in an amount
of 27 AF shall be administered as having been filed in 1999.
22.1 Water may be stored in the Spec Agg Pit under the Magic Mountain Reservoir
water rights only to the extent water is legally and physically available for diversion into said
reservoir at the points of diversion decreed in the Consolidated Decree. The combined storage of
water in Magic Mountain Reservoir and Spec Agg Pit under the Magic Mountain Reservoir
priorities is limited to 147 acre feet per year. Any water stored out of priority shall be released
within 72 hours.
22.2 Water may be diverted at Lena Gulch Feeder Ditch No. 2 as an alternate point of
diversion for the decreed points of diversion for Magic Mountain Reservoir only to the extent
Judgment and Decree
Application of Martin Marietta Materials,Case No. 13CW3053
Page 23