2020-03-16_INSPECTION - M1974069

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PLAN FOR AUGMENTATION 12. Structures to be augmented: the Gravel Pits. 13. Uses: The Gravel Pits expose tributary ground water. Evaporation losses and depletions from the other uses described herein at the unlined gravel pits must be replaced when the water rights confirmed above are out of priority. In addition, water from the Larimer Pits is used for product washing and processing, concrete production and dust suppression. Water contained within the mined products removed from the Larimer Pits must also be replaced. As of the date of this decree, mining and processing operations continue at the Larimer Pits site. After mining ceases at the Larimer Pits site, washing and processing operations for products mined from other sites, concrete production and dust suppression may continue. To the extent that these depletions are out of priority, the purpose of this plan is to provide for replacement of such out of priority depletions in time, location and amount, under the terms of this decree,to the extent necessary to prevent material injury to senior vested water rights and decreed conditional water rights. The Court approves the Plan for Augmentation subject to the terms and conditions of this decree. 14. Consumptive use: Maximum consumption from the uses identified is determined as follows: 14.1 Mining Uses at the Larimer Pits: 16.52 acre-feet per year of consumption from mining uses, which include product washing, concrete production, and other processing of mined rock products, water incorporated in or adhering to rock products, and dust suppression. Consumption from product washing and processing shall be calculated as 9.6 gallons of water per ton of aggregate sold, or 4%of the total volume. Consumption from concrete production shall be calculated based on the volume of concrete produced times 30 gallons of water per cubic yard of concrete. Consumption from dust suppression will be measured and is fully consumptive. For planning purposes, LRM estimates dust suppression uses will be approximately 110,000 gallons per month for August through April and 150,000 gallons per month during peak use months of May through July. After completion of mining at the Larimer Pits, LRM will continue to use the processing plant at this site to process material mined from other properties, and such use shall not exceed the 16.52 acre-feet per year currently attributed to mining uses at the Larimer Pits. 14.2 Evaporation: Pursuant to C.R.S. § 37-92-305(12), LRM is not required to replace evaporation from ground water exposed to the atmosphere from mining the Gravel Pits in an amount equal to the amount of historic natural depletions caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by the open water surface of the Gravel Pits. Pursuant to C.R.S. § 37-90-137(11)(b), LRM is not required to replace evaporation from ground water exposed to the atmosphere prior to January 1, 1981 from mining the Gravel Pits. Accordingly, LRM is only required to augment the net evaporation from ground water exposed to the atmosphere by mining the Gravel Pits that occurred subsequent to December 31, 1980. Net evaporation is equal to the gross evaporation from the Gravel Pits that results from ground water exposed to the atmosphere from mining that occurred subsequent to December 31, 1980 less the historic natural depletions. 5 of 14