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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 22 of 28 <br /> c. Any other water rights of the City determined by Water Court <br /> decree to be totally consumable. <br /> 37.2.2 At times when(1) LRM's Leased Water is being used as a source of <br /> augmentation; (2) any of the water rights identified in paragraph 4.1 are the calling <br /> water right; and (3) the Division Engineer is not able to administer a bypass of the <br /> Leased Water past the Hillsborough Ditch headgate, LRM's Leased Water shall be <br /> diverted at the Hillsborough Ditch river headgate, delivered to one of LRM's farm <br /> headgates, subject however to Paragraph 7.7.2, and measured at an augmentation <br /> station at the Walters and Bokelman Pits site, and then returned directly back to the <br /> Big Thompson River at a location described in Paragraph 6.1. LRM must obtain <br /> permission from the Consolidated Hillsborough Ditch Company before its Leased <br /> Water can be delivered to one of its farm headgates. <br /> 37.3 The conditional water storage rights and ground water rights described <br /> above. <br /> 37.4 Water delivered to the Big Thompson River through dewatering operations: <br /> 37.4.1 Water delivered through dewatering operations may be used to <br /> replace out of priority depletions resulting from evaporation, mining and <br /> production losses and from the dewatering process pursuant to Paragraph 35.6. <br /> 38. Replacement: Loveland Ready Mix shall release water from storage in the Walters <br /> Reservoir No. 1, Walters Reservoir No. 2 or Bokelman Reservoir No. 1, or deliver its <br /> water attributable to the Hillsborough Shares directly to the Big Thompson River, at the <br /> location described in Paragraph 6.1, or take delivery of Leased Water pursuant to the terms <br /> of its Lease with the City of Loveland to replace the depletions quantified under Paragraph <br /> 35 and the historical return flows from the changed Hillsborough Shares any time <br /> depletions resulting from uses approved pursuant to this plan for augmentation are out of <br /> priority. Use of water produced from dewatering operations for the replacement of out of <br /> priority depletions shall be made pursuant to Paragraph 35.6. LRM shall replace historical <br /> return flows for the changed Hillsborough Shares pursuant to the requirements of <br /> Paragraph 7.4.3. <br /> 39. Terms and conditions to prevent injury: <br /> 39.1 "First fill" is the water that fills an unlined gravel pit and occupies the <br /> volume previously occupied by the removed sand, gravel or other solid material. To <br /> prevent unreplaced out of priority depletions that may result from the "first fill" of the <br /> unlined Gravel Pits, LRM shall dewater the Gravel Pits except at times when in priority <br /> diversions may be made to fill all or some portion of the Gravel Pits or until LRM obtains <br /> 1 <br />