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<br />Ruling of Referee <br />Rivers Edge - 00 CW 244 <br />Page 14 <br />for the Custom Crushing Pits with the State Engineer's office, pursuant <br />application shall be consistent with the terms of this Ruling. The State ] <br />a well permit for the Custom Crushing Pits, pursuant to § 37-90-137, C.: <br />Applicant files the well permit application with the State Engineer's o <br />permit will not be issued pursuant to section 37-90-137 until the Divisi <br />that the augmentation structures described in this Ruling aze fully op <br />successors shall have the right to reapply to the State Engineer fora r <br />permit, which the State Engineer shall grant and issue within sixty day <br />so long as this Decree remains in effect. <br />27. The appropriation date awazded herein to the <br />November 1, 1998. The original Application filed herein was <br />Crushing Pits shall be administered as having been awarded on an <br />o §§37-90-137(11), which <br />ngineer is ordered to issue <br />..S., within sixty days after <br />'face. However, such well <br />n Engineer has confirmed <br />rational. Applicant or its <br />:w permit for any expired <br />after application therefor, <br />Custom Crushing Pits shall be <br />filed din 2000, and the Custom <br />annli~cation filed in 2000. <br />28. Applications for reasonable diligence shall be filed b <br />conditional water right awarded herein, at the times and in the manner sp <br />C.R. S., if such owner or user desires to maintain the same, or until a det~ <br />conditional right has been made absolute by reason of the completion of <br />for filing the first application for a finding of reasonable diligence shall <br />and decree of the Court confirming this Ruling. <br />29. The Court shall retain jurisdiction in this matter with <br />plan for augmentation and of the change of water rights for five yeazs frc <br />total projected water surface of the Custom Crushing Pits has been exp <br />period, the Referee finds that such period is necessary to assure that no i <br />rights of others by the operation of the plan for augmentation and the cha <br />proper petition by any interested person, the Court shall reconsider it; <br />augmentation and/or of the change of water rights and the question of <br />owned by such petitioner. <br />In the event that any person or party petitions the Court for reco; <br />of the plan for augmentation or the question of injury to water rigt <br />appropriate notice to be given to all parties hereto. Such petition shall be <br />oath, and shall set forth with particularity the factual basis upon which the <br />is premised, together with proposed decretal language to effect the peti <br />petition shall have the burden of going forward to establish the prima <br />petition. <br />30. Applicant shall install such measuring devices as may <br />required by the Division Engineer to facilitate the operation of the plan <br />he owner or user of the <br />fled by §37-92-301(4)(a), <br />ination is made that such <br />:appropriation. The date <br />set forth in the judgment <br />;ct to the approval of the <br />t the date that 75% of the <br />sed. In setting forth this <br />jury shall occur to vested <br />geofwaterrights. Upon <br />approval of the plan for <br />ijury to any water rights <br />eration of its approval <br />the Court shall order <br />de in good faith, under <br />uested reconsideration <br />;. The party filing the <br />ie facts alleged in the <br />and legally be <br />ation approved <br />