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08/01/02 THU 13:J8 FAS ++~ CCWCD ~ 002 ~~ 4. In 2000, Aggregate entered into an Agreement with Centn3l (the "Amended Agreement"). In the Amended Agreement, Aggregate agreed to ensure that Central would receive 7 c.f.s. of consumable water during the June 1-September 15 period of well operation, regardless of Aggregate's dewatering activity. See Paragraph 3. In the event that Central's wells failed, Aggregate agreed to provide the 7 c.f.s. out of its own supplies of fully consumable water. In return, Central withdrew its objection to Aggregate's Division of Minerals and i3eology and Weld County U.S.R. proceedings, and signed a 600 foot spacing H^aiver that allowed Aggregate to obtain a well permit for the gravel pit. 5. Aggregate is currently pumping water from the pit to facilitate c1ry mining of sand and gravel. Aggregate's dewatering activity has caused Central's wells to cease production. Since June 7, 2002 Aggregate has felled to provide 7 afs. of fully consumable water as required by the terms of the Agreement. Aggregate owes Central approximately 97 acre feet of fully consumable water that should have been delivered during the June 1 -June 7 period. Aggregate's daily obggation, which will continue to accumulate until this matter is resolved, if;13.681 acre feet 6. C.R.C.P. 65(b) provides, lnteralia, that ...A temporary restraining order may be granted without written or oral notice to the adverse party or his attome)~ only 'rf: (1) It dearly appears from specific facts shown by affidavit or by the verified complaint or by testimony that immediate and irceparable injury, loss, or damage will result tea the applicant before the adverse party or hts attorney ca:m be heard in opposition, and (2) the applipnYs attorney certifies to the court in writing or on the record the efforts, 'rf any, which have been made to give the notice and the rettsons supporting his claim that notice should not be required... 7. Centre) faces the prospect of real, immediate and irreparable injury. Central provides augmentation water under a State approved temporary substitute supply plan to approximately 1000 member wells. Under the terms of the plan approved by the State Engineer, Central must replace depletions caused by member wells affecting the South Platte River at the time and in the amount of these depletions affect the River. In order to meat its augmentation demand during the irrigation season, Central must draw upon all of the water rights it owns, including the Brighton well Field. If Central fails to mae;t the augmentation demand; k is possible that the State Engineer could enter an :Idministretive order requiring the cessation of pumping from one or more of Central's member irrigation wells. Central's need for water from the well field is ~~arficulady acute in 2002 because of the drought the state is experiencing. - 2 C:1Documeras and Segings4ladminlMy Documenb~ConvarsbnworkDk1200206192310250915.DOC ~~