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961079 04/24/2018 08*32 AM <br /> Page 2 of 18 <br /> 3. Publication. The Clerk of this Court has caused publication of the Application as <br /> provided by statute, and the publication costs have been paid. All notices of the Application have <br /> been given in the manner required by law. <br /> 4. Obiectors. Statements of Opposition were timely filed to the Application by <br /> Southeastern Colorado Water Conservancy District, City of Canon City, and the City of Florence. <br /> The time for filing such statements of opposition has now expired. <br /> 5. Jurisdiction. The Court has jurisdiction over the subject matter of this proceeding <br /> and over all parties affected hereby, whether or not they have appeared in this action. The land <br /> and water rights involved herein are not included within the boundaries of any designated <br /> groundwater basin. <br /> 6. Stipulations. South Forty has entered into Stipulations with the City of Canon <br /> City, dated October 20, 2017, the City of Florence, dated October 20, 2017 and Southeastern <br /> Colorado Water Conservancy District, dated October 20, 2017. These Stipulations have been <br /> confirmed as orders of the Court <br /> 7. Consultation Report. A Consultation Report of the Division Engineer dated <br /> August 21, 2017 was filed with the Court, pursuant to C.R.S. §37-92-302(4). Due consideration <br /> has been given to the Consultation Report. <br /> II. BACKGROUND AND SUMMARY OF APPLICATION <br /> 8. Applicant's Property. South Forty is the owner of approximately 58 acres of land <br /> located south of Canon City in portions of the West 1/2 of Section 1 in Township 19 South, Range <br /> 70 West of the 6th P.M. ("South Forty Property"). The South Forty Property was formerly a <br /> gravel mine site owned and operated by Valco, Inc., known as the Canon City East Pit (DBMS <br /> Permit No. M-1977-559). The mining permit remains open for the completion of reclamation <br /> obligations to be performed by South Forty. <br /> 9. Summary of Case. With completion of mining activities on the South Forty <br /> Property, South Forty will now complete the reclamation of the property leaving two ponds <br /> adjacent to the Arkansas River that intercept alluvial groundwater and have a total exposed water <br /> surface area of approximately 22.6 acres ("South Forty Ponds"). South Forty now seeks approval <br /> of a plan for augmentation to replace out-of-priority evaporative depletions caused by the South <br /> Forty Ponds. The location of the South Forty Property and South Forty Ponds is generally shown <br /> on the attached Figure 1. <br /> III. PLAN FOR AUGMENTATION <br /> 10. Structures to be Augmented. The structures to be augmented are the South Forty <br /> Lindner/Aug Plan Appl/Pleadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean doc 2 <br />