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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 15 of 28 <br /> appropriations from the dates of initiation through the date of this decree. <br /> APPROVAL OF GROUND WATER RIGHTS <br /> 23. LRM is entitled to a decree for ground water rights for the unlined Walters Pits and <br /> Green and Croissant Pits as set forth below. Ground water rights are decreed for these <br /> unlined gravel pits to establish priorities for the evaporative depletions and other uses <br /> identified in Paragraph 24 below. The augmentation plan decreed in this case is designed <br /> to fully replace all out of priority stream depletions caused by the Walters Pits and Green <br /> and Croissant Pits. <br /> 23.1 Walters Pits, which includes lands located within the exterior boundary of <br /> DRMS Permit No. M-2006-080 at the Walters and Bokelman Pits site located in the SW'/4 <br /> of the NE'/4, the SE'/4, and the E'/zSW'/4, Section 24, T5N, R68W, 6`h P.M., Larimer <br /> County, Colorado as shown on Exhibit B, but excluding Walters Reservoir Nos. 1 and 2 <br /> and Bokelman Reservoir No. 1 once liners are approved. As of the date of this decree, <br /> LRM plans to mine one unlined pit at the Walters and Bokelman Pits site. Upon <br /> completion of mining at this site, the final number of unlined pits at this site may be more <br /> than the currently planned one unlined gravel pit but the total exposed surface area for the <br /> unlined Walters Pits and Green and Croissant Pits shall not exceed a total exposed area of <br /> 58.7 acres. <br /> 23.2 Green and Croissant Pits, which includes lands located within the exterior <br /> boundary of DRMS Permit No. M-2001-022 at the Green and Croissant Pits site located in <br /> the NW '/4 and the W'/z of the NE '/4 of Section 30, T5N, R67W, 6`h P.M., Weld County, <br /> Colorado, as shown on Exhibit B. As of the date of this decree, LRM plans to mine eight <br /> unlined pits at the Green and Croissant Pits site. Upon completion of mining at this site, <br /> the final number of unlined pits at this site may be more or less than the currently planned <br /> eight unlined gravel pits but the total exposed surface area for the unlined Walters Pits and <br /> Green and Croissant Pits shall not exceed a total exposed area of 58.7 acres. <br /> 24. Uses for Walters Pits and Green and Croissant Pits: reclamation, piscatorial, <br /> recreation, fish propagation and all uses associated with gravel and rock mining, including <br /> evaporation, dust suppression and production and processing losses, as well as replacement <br /> of evaporation from exposed ground water at the sites. After completion of mining at the <br /> sites, LRM will continue to use its processing plant to process material mined from other <br /> properties. <br /> 25. Source: Ground water tributary to the Big Thompson River. <br /> { 26. Appropriation Dates: <br /> 20.1 Walters Pits: December 18, 2007. <br /> i <br />