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16.2.1 Prior decree: The conditional water right decreed in Case No. 98CW431. <br /> A finding of reasonable diligence was entered and the conditional water right continued <br /> in Case No. 07CW38. <br /> 16.2.2 Priority: November 13, 1998. <br /> 16.2.3 Amount: 550 acre feet, combined. <br /> 16.2.4 Point of diversion: Diversion will be directly from the Big Thompson <br /> River at a point or points located in the SW ',4 of the NW '/4 of Section 16, T5N, R69W. <br /> 6th P.M., at a point which bears South 43°17'03" West a distance of approximately <br /> 3,1 14.24 feet from the North Quarter Corner of Section 16. <br /> 16.2.5 Places of storage: As described in Paragraph 16.1.5 above. <br /> 16.2.6 Uses: Augmentation and other uses for the Loveland Ready Mix Ponds 1 <br /> and 2 conditional water right were decreed in Case No. 98CW431. Use of the Loveland <br /> Ready Mix Ponds I and 2 water right as a source of augmentation for the plan for <br /> augmentation decreed herein is consistent with the uses decreed in Case No. 98CW431. <br /> 16.2.7 Point of delivery to the Big Thompson River: As described in Paragraph <br /> 16.1.7 above. <br /> 17. Replacement: Loveland Ready Mix shall release water from storage in the Loveland <br /> Ready Mix Ponds 1 and 2 to the Big Thompson River, or deliver water from the Barnes Ditch <br /> directly to the Big Thompson River, at the location of the outlet works described in Paragraph <br /> 16.1.7,to replace the depletions quantified under Paragraph 14 any time the water rights for the <br /> Gravel Pits are out of priority. <br /> 18. Terms and conditions to prevent injury: <br /> 18.1 After completion of mining at the Larimer Pits, LRM shall make a final <br /> determination of the total exposed surface acres at the Larimer Pits, and provide such <br /> determination to the Division Engineer for approval and notice to all parties of such <br /> determination and submittal to the Division Engineer. LRM shall also provide such <br /> determination to all parties upon request. Any party, other than the Division Engineer, wishing <br /> to contest the final determination of the total exposed surface acres at the Larimer Pits must, <br /> within 90 days of the Division Engineer's approval of the determination of total exposed surface <br /> acres, file a petition to invoke retained jurisdiction with the Court setting forth the specific <br /> factual basis for the dispute of such determination amount. If the Division Engineer will not <br /> approve such determination as provided by LRM, the Division Engineer shall contest the final <br /> determination and file a petition to invoke the Court's retained jurisdiction within 90 days of <br /> receipt of such determination by LRM. The Court will thereafter set such proceedings as it <br /> deems necessary and LRM shall have the initial burden of proof in such proceedings concerning <br /> all issues related to the final determination of total exposed surface acres at the Larimer Pits. <br /> Because all mining has been completed at the Mariana Butte Pit and Baer Pit, the final <br /> 10 of 14 <br />