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Case No. 09CW105 <br /> Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Page 25 of 28 <br /> 41. Substitute supply: The substituted water shall be of a quality and quantity so as to <br /> meet the requirements for which the water of senior appropriators has normally been used. <br /> CONCLUSIONS OF LAW <br /> 42. The Application herein is contemplated by law and this Court has jurisdiction over <br /> the subject matter of this proceeding and all persons affected thereby, whether they <br /> appeared or not. <br /> 43. Timely and adequate notice of the pendency of this action was given in the manner <br /> provided by law. <br /> 44. The plan for augmentation, the conditional water rights and change of water rights <br /> decreed herein are, as a matter of law, permissible and come within the definitions <br /> authorized by statute. <br /> 45. Well permit and plan for augmentation required: Pursuant to CRS §37-92-103(14), <br /> §37-90-137(11)(a) and Three Bells Ranch v. Cache la Poudre Water Users Assn., 758 P.2d <br /> 164 (Colo. 1988), a gravel pit that exposes ground water to the atmosphere, where <br /> application of the ground water to a beneficial use is part of an approved reclamation plan, <br /> is a"well." A well permit and plan for augmentation are required. <br /> 46. Approval of change of water rights. The change of water rights decreed herein <br /> meet all statutory and case law requirements for approval. <br /> 47. Approval of conditional water rights: The conditional water rights decreed herein <br /> meet all statutory and case law requirements for approval. <br /> 48. Approval of plan for augmentation: The plan for augmentation decreed herein <br /> meets all statutory and case law requirements for approval. <br /> 49. Pre-existing natural depletions: Pursuant to CRS §37-92-305(12), an augmentation <br /> plan for a gravel pit that exposes ground water to the atmosphere need not replace the <br /> amount of historic natural depletion to the waters of the state caused by the preexisting <br /> natural vegetative cover on the surface of the area which will be, or which has been, <br /> permanently replaced by an open water surface. Loveland Ready Mix has proven the <br /> historic natural depletion. <br /> 50. This Decree is administrable by the water officials of the State of Colorado <br /> provided that LRM furnishes to the Division Engineer or his representative upon request, <br /> j appropriate accounting records. <br /> 1 <br /> I <br />