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Findings of Fact,Conclusions of Law,Ruling of the Referee and Decree of the Water Court Thomas F.and Ginger L.Latham 23CW3022 Page 8 RULING OF THE REFEREE 23. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein by reference and are hereby modified as necessary to constitute part of the Ruling and Judgment and Decree. 24. The application for an underground water right for the DeBeque Gravel Pit, First Enlargement as set forth in the Findings Re: First Claim For Relief, above, is hereby granted. An absolute water right in the amount of 12.64 acre feet per year for evaporation is hereby awarded the DeBeque Gravel Pit, First Enlargement. 25. The application for approval of the plan for augmentation set forth in the Findings Re: Second Claim for Relief, above, is hereby approved. The structure and water right to be augmented, as described in Findings Re: First Claim for Relief, above, may divert, store and use water in accordance with this Ruling of Referee and may be operated in accordance with this Ruling of Referee. Applicants shall have the right to divert water out of priority from and at the DeBeque Gravel Pit, First Enlargement, so long as adequate water is available and provided to augment depletions from such diversions, as set forth in the plan for augmentation described above. 26. The application for approval of change of water rights set forth in the Findings Re: Second Claim for Relief, above, is hereby granted. The water rights represented by the 3.0 shares owned by the Lathams in the Larkin Irrigation Company and dedicated to the plan for augmentation approved herein are hereby changed to permit the additional use of evaporation from the DeBeque Gravel Pit, First Enlargement by augmentation and replacement. 27. The priority date awarded to the water right decreed herein as the DeBeque Gravel Pit, First Enlargement is April 6, 2012. The Application was filed in 2023 and the water right awarded herein to the DeBeque Gravel Pit, First Enlargement shall be administered as having been awarded on an application filed in 2023. 28. The Court shall retain jurisdiction w ith respect to the approval of the plan for augmentation for five years from the date this Ruling of Referee is confirmed and made the judgment and decree of the Court. In setting forth this period,the Court finds that such period is necessary to assure that no injury shall occur to vested rights of others by the operation of the plan for augmentation. 29. The Applicants shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicants shall also file an annual report with the Division Engineer by November 15 of each year summarizing diversions and replacements made under this plan.