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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 18 of 28 <br /> and dust suppression. Water contained within the mined products removed from the <br /> Gravel Pits must also be replaced. The additional uses described in paragraphs 35.5 and <br /> 35.6 must also be replaced. As of the date of this decree, the above described uses <br /> continue at the Walters and Bokelman Pits site and the Green and Croissant Pits site. After <br /> mining ceases at the Gravel Pits, washing and processing operations for products mined <br /> from other sites, concrete production and dust suppression may continue. To the extent <br /> that these depletions are out of priority, the purpose of this plan is to provide for <br /> replacement of such out of priority depletions in time, location and amount, under the <br /> terms of this decree, to the extent necessary to prevent material injury to senior vested <br /> water rights and decreed conditional water rights. The Court approves the plan for <br /> augmentation subject to the terms and conditions of this decree. <br /> 35. Description of Depletions to be Augmented: <br /> 35.1 Mining and Production Losses. 35 acre-feet per year of consumption from <br /> gravel and rock mining uses,_which include product washing, concrete production and <br /> other processing of mined rock products, water incorporated in or adhering to rock <br /> products and dust suppression. Consumption from product washing and processing shall <br /> be calculated as 9.6 gallons of water per ton of aggregate sold, or 4% of the total mined <br /> volume. Consumption from concrete production shall be calculated based on the volume <br /> of concrete produced times 30 gallons of water per cubic yard of concrete. Consumption <br /> from dust suppression shall be measured and is fully consumptive. For planning purposes, <br /> LRM estimates maximum dust suppression use of approximately 352,667 gallons per <br /> month during peak use months of July through September, with minimum dust suppression <br /> use of approximately 46,000 gallons per month occurring in December through February. <br /> After completion of mining at the sites, LRM will continue to use the processing plant to <br /> process material mined from other properties, and such use at the sites shall not exceed <br /> 25.5 acre-feet per year. <br /> 35.2 Evaporation. Pursuant to CRS §37-92-305(12), LRM is not required to <br /> replace evaporation from ground water exposed to the atmosphere from mining the Gravel <br /> Pits in an amount equal to the amount of historical natural depletions caused by the <br /> preexisting natural vegetative cover on the surface of the area which will be, or which has <br /> been, permanently replaced by the open water surface of the Gravel Pits. Accordingly, <br /> LRM is only required to augment the net evaporation from ground water exposed to the <br /> atmosphere by mining the Gravel Pits. Net evaporation is equal to the gross evaporation <br /> from the Gravel Pits that results from ground water exposed to the atmosphere from <br /> mining less the historical natural depletions. During mining, the exposed surface area at <br /> j each site will vary, and at times exposure at the Walters and Bokelman Pits site or the <br /> Green and Croissant Pits site may exceed the exposed surface area for each site identified <br /> in Paragraphs 35.3 and 35.4. LRM shall also augment gross evaporative depletions from <br /> stock ponds located at the Green and Croissant Pits Site. As mining is completed in certain <br /> gravel pits and commences or continues in other gravel pits, baekfilling of portions of <br /> i <br />