2019-07-01_INSPECTION - M2001022

• Permit No: M2001022
• IBM Index Class Name: INSPECTION
• Doc Date: 7/1/2019
• Doc Name: Inspection Problem Corrective Action
• From: Loveland Ready-Mix Concrete
• To: DRMS
• Email Name: PSH
• Media Type: D
• Archive: No

Case No. 09CW105
Findings of Fact, Conclusions of Law,
Judgment and Decree
Page 10 of 28
conditions on the changed Hillsborough Shares under this decree even to the extent
that this paragraph 7.7.1 imposes additional obligations on LRM that are not
required by any subsequent revision to LRM's DRMS Permit No. M-2006-080.
7.7.2 Additionally, LRM shall discontinue taking delivery of
Hillsborough Shares at the Bokelman farm headgate after all historically irrigated
lands at the Bokelman property are removed from agricultural irrigation and the
pond shown on the attached Exhibit C which is located on adjacent property
upgradient from the Bokelman property shall not be refilled.
7.8 Except as provided in Paragraph 7.10, the historically irrigated land may be
irrigated, provided such irrigation is accomplished via use of the consumptive use portion
of the Hillsborough Shares, water provided by a municipal water provider, augmented
wells, non-tributary water, not non-tributary water that is augmented, or any other source
of water approved for use on those lands by the Water Court or the State Engineer. There
shall be no use of other Hillsborough Ditch shares on these lands, unless irrigation of the
historically irrigated lands by such shares is approved pursuant to a subsequent water court
decree or pursuant to a Substitute Water Supply Plan if appropriate.
7.9 Any use for augmentation at the Dunn site may only be made pursuant to a
court-approved plan for augmentation or substitute water supply plan approved by the
State Engineer pursuant to statute.
7.10 The Hillsborough Shares may continue to be used for the originally decreed
irrigation use under the Hillsborough Ditch until the shares are put to a Changed Use so
long as deliveries for such irrigation use are accounted for and included in the volumetric
limits in Paragraph 7.3. Once a portion of the Hillsborough Shares are put to a Changed
Use, such portion shall be permanently removed from the originally decreed irrigation use
y
and may only be subsequently used for the Changed Uses.
7.10.1 In any year that all or a portion of the Hillsborough Shares are used
for the originally decreed irrigation use, LRM shall provide written notice to the
Division Engineer and Central by April 1.
7.10.2 In any year that all or a portion of the Hillsborough Shares are first
put to a Changed Use, LRM shall provide written notice to the Division Engineer
and Central by April I". The notification shall describe the number of
Hillsborough Shares that are being put to a Changed Use and the number of acres
that will be dried up. The notification shall include either a legal description or a
map showing the lands that will be irrigated with the remaining Hillsborough Ditch
Shares pursuant to the originally decreed irrigation use and the lands that will be or
have been dried up. In any year, no portion of the Hillsborough Shares shall first
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