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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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(a) Amount: Approximately 26.42 acre-feet per year. Actual amounts <br /> shall be calculated as provided in this Decree. Estimated lagged depletions at the Fenton Plant <br /> are summarized on Table 1 and are comprised of water pumped from the unlined, pre-1981 <br /> Fenton Pit for concrete production, dust suppression, and related uses at this site. <br /> (b) Source of water: ground water tributary to Clear Creek, tributary <br /> to the South Platte River. <br /> (c) Uses: Industrial, including concrete production and dust <br /> suppression. <br /> (d) Location of Fenton Plant and Pit: The Fenton Plant and Pit are <br /> located in the NE 1/4 of Section 13, T 3 S, R 69 W, 6t' P.M. The street address for this property <br /> is 5400 Fenton Street, Arvada, CO 80002. <br /> (e) Appropriation Date: March 31, 2013. <br /> 6.2.6 Estimated Depletions <br /> As reflected on Table 1, estimates of the total annual stream depletions resulting from <br /> current and future operations at the facilities described in Paragraphs 6.2.1, 6.2.4 and 6.2.5 will <br /> not exceed 200 acre feet, with 150.66 acre feet of depletions occurring during the irrigation <br /> season (April-October) and 46.73 acre feet of depletions occurring during the non-irrigation <br /> season (November-March). The Court finds that these estimates are reasonable, that <br /> augmentation obligations will be based on actual depletions, and that replacement of depletions <br /> resulting from uses associated with these facilities shall be replaced in time, place and amount. <br /> 6.3 Water Rights To Be Used For Augmentation and Replacement <br /> Applicant will measure water use and replace actual out-of-priority depletions from the <br /> facilities described in Paragraphs 6.2.1, 6.2.4 and 6.2.5. The industrial uses will be assumed to <br /> be 100% consumptive. The Changed Water Rights will continue to be used for augmentation <br /> and exchange during the irrigation season as adjudicated in the Consolidated Decree. Pursuant <br /> to the Consolidated Decree, depletions during the non-irrigation season were to be replaced by <br /> releases from Magic Mountain Reservoir and Gordon Lake. The Applicant proposes to amend <br /> the augmentation plan by deleting Gordon Lake as a source of augmentation water and by adding <br /> the sources of augmentation described below. <br /> 6.3.1 Coors Leases <br /> (a) Depletions currently occurring during the non-irrigation season are replaced with <br /> up to 101.7 acre feet of water per year available under the March 22, 2007 Water Lease <br /> Agreement with Coors. Beginning in October, 2016, depletions will be replaced with up to 200 <br /> acre feet of water per year under the renewed Water Lease Agreement with Coors, dated <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 8 <br />
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