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were filed by the Greeley Loveland Irrigation Company and the Thompson Water Users <br /> Association. One Statement of Opposition to the second amended application was filed by The <br /> Harmony Ditch Company. No other Statements of Opposition have been filed and the time for <br /> filing Statements of Opposition has expired. <br /> 2.4 Bifurcation. On April 21, 2009, Case No. 00CW142 was bifurcated into two <br /> separate cases. Case No. 09CW49 includes only the issue of the interpretation of SB 89-120 as <br /> that issue is described in Paragraph 15.5 below. Case No. 000W 142 includes all other issues set <br /> forth in the application in this matter. <br /> 3. Summary of application: <br /> 3.1 LRM's claims: The application requests confirmation of water rights for a <br /> number of gravel pits that expose tributary' ground water in the Big Thompson River basin <br /> together with approval of a plan for augmentation to offset out of priority depletions associated <br /> with the gravel pits. The gravel pits were or are mined under three separate mining permits, and <br /> are known as the Larimer Pits, the Mariana Butte Pit, and the Baer Pit. <br /> 3.1.1 There are 20 pits at the Larimer Pits site. Water rights are decreed herein <br /> for Larimer Pits 13, 14. 15, 18 and 20. The plan for augmentation decreed herein shall <br /> replace out of priority depletions from use at Larimer Pits 13, 14, 15, 18 and 20. <br /> Accordingly, except as otherwise expressly stated, all references to the "Larimer Pits" <br /> water rights, and the amount of exposed ground water, depletions and augmentation <br /> requirements for the "Larimer Pits" are limited to Pits 13, 14, 15, 18 and 20. As <br /> described in Paragraph 3.2.1 below, the decree in Case No. W-7412 continues to govern <br /> the augmentation and use of Pits 1, 3, 4, 5, 6, 9 and 11. Pits 2, 7, 8, 10 and 12 were <br /> completed by December 31, 1980 and therefore the evaporative depletions from exposed <br /> ground water at those pits do not require augmentation pursuant to C.R.S. § 37-90- <br /> 137(11)(b). Pits 16 and 17 (aka Loveland Ready Mix Ponds 1 and 2 as described in <br /> Paragraph 16.2 below) do not require augmentation as these pits are lined. Pit 19 has <br /> been backfilled and does not require augmentation. <br /> 3.1.2 The Larimer Pits,the Mariana Butte Pit and the Baer Pit are collectively <br /> referred to below as the"Gravel Pits." Their locations are shown on Exhibit A, attached <br /> and incorporated by reference. <br /> 3.2 Rist& Goss Ditch: The application sought to use a portion of the Rist& Goss <br /> Ditch water right for augmentation in this plan. Loveland Ready Mix withdraws that claim. <br /> 3.2.1 Case No. W-7412: In Case No. W-7412, Loveland Ready Mix changed <br /> the use of its portion of the Rist & Goss Ditch. Pursuant to that decree, up to 80 acre feet <br /> of water from the Rist& Goss Ditch may be and is used for replacement of evaporative <br /> depletions from 45 acres of gravel pits. The 45 acres of exposed ground water subject to <br /> the decree in Case No. W-7412 are located within the Larimer Pits. Subsequent mining <br /> operations and backfilling have reduced the size of the ponds to approximately 26 acres <br /> as shown on Exhibits A and B, and identified as pits 1, 3, 4, 5, 6, 9 and 11. Pursuant to <br /> 2 of 14 <br />