2020-03-16_INSPECTION - M1974069

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After completion of mining, LRM shall make a final determination of the total exposed surface area pursuant to Paragraph 18.1 and the lagging pattern to be used to make replacement of out of priority evaporative depletions pursuant to Paragraph 15.1 and calculate actual out of priority depletions pursuant to Paragraph 14.2. 15.3 Baer Pit: Out of priority net evaporative depletions shall be replaced pursuant to the schedule set forth in column 11 of Exhibit D. 15.4 Mariana Butte Pit: Out of priority net evaporative depletions shall be replaced pursuant to the schedule set forth in column II of Exhibit E. 15.5 Effect of Case No. 09CW49: In Case No. 09CW49, the Court was asked to determine the proper interpretation of Senate Bill 120 of 1989 ("SB 89-120") concerning whether evaporative depletions from ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel at gravel pits where mining operations had not ceased prior to January 1, 1981 require augmentation. The only LRM gravel pit that exposed ground water prior to January 1, 1981 but for which mining operations continued after December 31, 1980 is the Mariana Butte Pit. It is undisputed that evaporative depletions from exposed ground water at gravel pits where mining operations completely ceased by December 31, 1980 do not require augmentation. By order dated August 27, 2009. the Court determined as a matter of law that replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. Accordingly, LRM must only provide replacement for the evaporative depletions from surface area of the Mariana Butte Pit exposed subsequent to December 31, 1980 (2.81 acres). 15.6 The maximum net amount of depletion that, to the extent it is out of priority, is required to be replaced pursuant to this plan for augmentation ( (evaporation depletions— historic natural depletions) + consumption in product washing and processing and concrete production and dust suppression) is estimated to be 168.42 acre feet per year. 15.7 Depletions from the above described uses at the Larimer Pits and Mariana Butte Pit accrue to the Big Thompson River between the Barnes Ditch headgate and the Greeley and Loveland Canal headgate. 15.8 Depletions from the above described uses at the Baer Pit accrue to the Big Thompson River between the Greeley and Loveland Canal headgate and the Big Thompson and Manufacturing Ditch headgate. 16. Sources of augmentation water: 16.1 120 Barnes Ditch contract inches: 16.1.1 Prior decrees: The Barnes Ditch contract inches, representing a delivery entitlement to water rights decreed to the Barnes Ditch, owned by the Greeley and Loveland Irrigation Company were originally decreed in the original adjudication for 8 of 14