2020-03-16_INSPECTION - M1974069

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open water surface. Loveland Ready Mix has proven the historic natural depletion. 28. Pursuant to C.R.S. § 37-90-137(11)(b), no well or plan for augmentation is required to replace depletions from evaporation resulting from exposure of ground water to the atmosphere prior to January 1, 1981. LRM has proven the amount of ground water exposed prior to January 1, 1981. 29. Evaporative depletions from ponds 1, 3, 4, 5, 6, 9 and 11 at the Larimer Pits site which are subject to the decree in Case No. W-7412,and identified in Exhibit B, continue to be augmented pursuant to that case as required by C.R.S. § 37-90-137(11)(b), and are properly excluded from this augmentation plan. Pits 2, 7, 8, 10, and 12 at the Larimer Pits were completed by December 31, 1980 and therefore the evaporative depletions from exposed ground water at those pits do not require augmentation pursuant to C.R.S. § 37-90-137(11)(b)and are properly excluded from this augmentation plan. At the Mariana Butte Pit, 2.7 acres of ground water were exposed to the atmosphere from open mining operations by December 31, 1980, and therefore the evaporative depletions from such 2.7 acres of exposed ground water at the Mariana Butte Pit do not require augmentation pursuant to C.R.S. § 37-90-137(1 1)(b) and are properly excluded from this augmentation plan. 30. No injury: This plan for augmentation will not injuriously affect the owner of or persons entitled to use water under any vested water right or decreed conditional water right. C.R.S. § 37-92-305(3). 31. Substitute water: The substituted water shall be of a quality and quantity so as to meet the requirements for which the water of senior appropriators has normally been used, and such substituted water shall be accepted by senior appropriators in substitution for water derived by the exercise of their decreed rights. C.R.S. § 37-92-305(5). 32. Compliance with decreed limits: The uses of Barnes Ditch contract inches described in this decree are authorized by and consistent with the limits decreed in Case No. 00CW 143. The use of the storage rights for Loveland Ready Mix Ponds 1 and 2 are authorized by and consistent with the decree in Case No. 98CW431. Such uses of the Barnes Ditch contract inches and storage rights for Loveland Ready Mix Ponds 1 and 2 shall continue to be consistent with the decrees in Case Nos. 00CW 143 and 98CW431. 33. Provision by LRM of appropriate accounting records pursuant to Paragraph 18.2 above to the Division Engineer or his representative upon request is necessary for administration by water officials of the State of Colorado. 34. LRM has established that the water rights which are the subject of this decree have been diverted, stored, or otherwise captured, possessed, controlled, and have been beneficially used, and that LRM is entitled to an absolute decree for the subject water rights pursuant to C.R.S. § 37-92-305(9). 13 of 14