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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 16 of 28 <br /> 26.2 Green and Croissant Pits: November 30, 2002. <br /> 27. How appropriations initiated: The DRMS permit for the Green and Croissant Pits <br /> was issued on January 16, 2002 and mining/construction began in November 2002 with <br /> concrete production commencing in January 2003. The DRMS permit for the Walters Pits <br /> was issued in March 2006, and mining/construction of the gravel pits began December 18, <br /> 2007. As evidenced by its approved reclamation plans and mining permits, LRM had <br /> manifested the intent to appropriate water for its claimed uses as of the appropriation dates <br /> above. LRM's actions and on-going mining manifested its intent, gave adequate notice, <br /> and constituted substantial steps toward appropriation of water, all as of the appropriation <br /> dates claimed above. <br /> 28. Amounts: <br /> 28.1 Mining and processing of mining products, concrete production, and dust <br /> suppression: <br /> 28.1.1 Walters Pits: 35 acre-feet per year. <br /> 28.1.2 Green and Croissant Pits: 35 acre-feet per year. <br /> 28.1.3 The cumulative amount for mining and processing of mining <br /> products, concrete production and dust suppression uses made at the Walters Pits <br /> and the Green and Croissant Pits shall not exceed 35 acre-feet per year. <br /> 28.2 Reclamation and replacement of evaporative depletions: <br /> 28.2.1 Walters Pits: 145 acre-feet per year. <br /> I <br /> 28.2.2 Green and Croissant Pits: 145 acre-feet per year. <br /> 1 <br /> 28.2.3 The cumulative amount of use for reclamation and replacement of <br /> evaporative depletions made at the Walters Pits and the Green and Croissant Pits <br /> shall not exceed 145 acre-feet per year. <br /> 29. Wells: The unlined portions of the Walters Pits and Green and Croissant Pits are <br /> "wells" as defined in CRS §37-92-103(14)(a) and Three Bells Ranch v. Cache la Poudre <br /> Water Users Assn., 758 P.2d 164 (Colo. 1988). The Walters Pits currently have well <br /> permit number 66399-F. The Green and Croissant Pits currently have well permit number <br /> 67817-F. <br /> d <br /> 30. The waters claimed can be and will be diverted, stored, or otherwise captured, <br />