2019-07-01_INSPECTION - M2001022

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Case No. 09CW105 Findings of Fact, Conclusions of Law, Judgment and Decree Page 23 of 28 a substitute water supply plan approved by the State Engineer or plan for augmentation approved by the Water Court to augment out of priority depletions from the "first fill" of the Gravel Pits. In the event any diversion made in priority only fills a portion of an unlined gravel pit, LRM shall either re-commence dewatering to maintain the water level in such pit until additional in priority diversions can be made or LRM may continue out of priority diversions to fill such pit pursuant to an approved substitute water supply plan or Court approved augmentation plan that replaces out of priority depletions from the "first fill" for such pit. If pumps are used to make in priority diversions directly from the Big Thompson River to fill all or some portion of the Gravel Pits, there will be no lagged depletions. All out of priority depletions resulting from dewatering operations at the unlined Gravel Pits shall be replaced pursuant to Paragraph 35.6 of this augmentation plan. 39.2 After completion of mining at the Walters and Bokelman Pits site and Green and Croissant Pits site, LRM shall make a final determination of the total exposed surface acres at each site, and provide such determination to the Division Engineer for approval with notice to all parties of such determination and submittal to the Division Engineer. If no decision is rendered by the Division Engineer within 60 days of submittal, the determination shall be considered accepted by the Division Engineer. LRM shall also provide such determination to Central and all other parties upon request. Any party, other than the Division Engineer, wishing to contest the final determination of the total exposed surface acres at each site must, within 60 days of the submittal of the determination of total exposed surface acres to the Division Engineer, file a petition to invoke retained jurisdiction with the Court setting forth the specific factual basis for the dispute of such determination amount. If the Division Engineer will not approve such determination as provided by LRM, the Division Engineer may contest the final determination and file a petition to invoke the Court's retained jurisdiction within 60 days of receipt of such determination by LRM. The Court will thereafter set such proceedings as it deems necessary and LRM shall have the initial burden of proof in such proceedings concerning all issues related to the final determination of total exposed surface acres at the site. 39.3 Accounting. Accounting shall be on the accounting forms attached hereto as Exhibit D. LRM shall send copies of its monthly-accounting records to the Division Engineer on a monthly basis, or more frequently as required by the Water Commissioner or the Division Engineer, and to the parties to this proceeding upon their request. The accounting forms are not decreed herein and may be changed from time to time so long as the information required by this decree is included in the forms and such changes are approved or required by the Division Engineer or Water Commissioner without need for Water Court approval. The accounting shall include the following information: (1) Measured deliveries under the changed Hillsborough Shares and Walters Reservoir No. 1, Walters Reservoir No. 2 and Bokelman Reservoir No. 1, which shall be accounted for daily and reported monthly; (2) Amount of concrete production in cubic yards, which shall be accounted for and submitted monthly; (3) Amount of washed mined product in tons, which shall be accounted for and submitted monthly; (4) Amount of water used for dust