Laserfiche WebLink
the other uses described in Paragraph 14.1 pursuant to the plan for augmentation decreed herein <br /> is limited to 16.52 acre-feet. <br /> 18.6 In the event Loveland Ready Mix lines any unlined gravel pit included in this plan <br /> for augmentation, LRM shall replace all continuing lagged out of priority' depletions resulting <br /> from diversions which occurred before such pit was lined. <br /> 18.7 The Division Engineer shall assess stream transit losses for all circumstances <br /> where LRM is using the natural stream channel to transport augmentation water from its point of <br /> introduction in the stream to the required location of replacement of out of priority net <br /> evaporative depletions at the Baer Pit. <br /> 19. No injury: This plan for augmentation will not injuriously affect the owner of or persons <br /> entitled to use water under any vested water right or decreed conditional water right. <br /> 20. Substitute supply: The substituted water is of a quality and quantity so as to meet the <br /> requirements for which the water of senior appropriators has normally been used. <br /> CONCLUSIONS OF LAW <br /> 21. The Application herein is contemplated by law and this Court has jurisdiction over the <br /> subject matter of this proceeding and all persons affected thereby, whether they appeared or not. <br /> 22. Timely and adequate notice of the pendency of this action was given in the manner <br /> provided by law. <br /> 23. The plan for augmentation and the approval of water rights decreed herein are, as a <br /> matter of law, permissible and come within the definitions authorized by statute. <br /> 24. Well permit and plan for augmentation required: Pursuant to C.R.S. § 37-92-103(14), § <br /> 37-90-137(11)(a), and Three Bells Ranch v. Cache la Poudre Water Users Assn., 758 P.2d 164 <br /> (Colo. 1988), a gravel pit that exposes ground water to the atmosphere, where application of the <br /> ground water to a beneficial use is part of an approved reclamation plan, is a "well." A well <br /> permit and plan for augmentation are required. <br /> 25. Approval of water rights: The water rights decreed herein meet all statutory and case law <br /> requirements for approval. <br /> 26. Approval of plan for augmentation: The plan for augmentation decreed herein meets all <br /> statutory and case law requirements for approval. <br /> 27. Pre-existing natural depletions: Pursuant to C.R.S. § 37-92-305(12), an augmentation <br /> plan for a gravel pit that exposes ground water to the atmosphere need not replace the amount of <br /> historic natural depletion to the waters of the state caused by the preexisting natural vegetative <br /> cover on the surface of the area which will be,or which has been, permanently replaced by an <br /> 12 of 14 <br />