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08/01/02 THti 13:37 FA$ ~-- RECEIVED AUG 0 5 2002 Division of Minerals and Geology ~a-+ CCWCD DISTRICT COURT, WELD COUNTY, COLORADO P. 4. Box 2036 FILED IN Greeley, CO 80632 Oh4Rl'V~'t) COURTS Plaintiff: GROUND WATER MANAGEMENT JUN 2 ~ 2002 SUBDISTRICT OF THE CENTRA4 COLORADO WATER CONSERVANCY DISTRICT eld County,. Colorado pefendant: AGGREGATE INDUSTRIES - WCR, INC. Case No. 02-CV-829 Div.: 1 Ctrm: MANDATORY TEMPORARY RESTRAINING ORDEFt THIS MATTER Came before the Caurt on Plaintff Ground W&~ter Management Subdistrict of the Central Colorado Water Conservancy District's Motion for Temporary Restraining Order pursuant to C.R.C.P. 85 . The Court hereby finds and orders as follows: Central is the owner of the Brighton We11 Fietd, six wells bcaled in Section 30, Township 1 North, Range 86 West of the 6°i P.M. which are used to provide 7 cutric feet per second of augmentation water to the South Platte River yearly from June 1 through September 15. The wells bear permit nos. 18805 F, 19806 F, 19807 F, 20032 F, 20033 F, and 20034 F, and were decreed fn Jase nos. W-7905 and 84CW-405, Water Division No. 1. 2. Aggregate owns and operates the Platte Valley Pit, a gravel pit located in the Southeast '/, of the Northwest '/. and the Northeast '/. of the Southwest '/. of Section 30, Township 1 North, Range 66 West of the 6'" P.M. Aggregate's property is In dose proximity to Central's well field. 3. In 1990, Aggregate's predecessors C 8 M Companies entered into an agreement with Central (the "Agreement°). Under the terms of the Aireement, C & M Companies could nat mine the property until an agreement was reached with Centre) protecting Central's welts. The Agreement is binding on C & M's successors and assigns. C:{DoeumeMs end SadirgsylsdmfntMy DowmantslComerslanwgkOiM1200206192310Z50915.OOC r~001