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~ ~ Ruling of Referee Colorado Rivers Edge - 00 CW 244 Page 12 G. The depletions from the Custom Crushing Pits, and the Depletion Credits to which Applicant is entitled, are summarized on Tables A-1 and A-2, attached hereto. 16. Applicant requests that its 2.03 shares in the Grand River Ditch Company and the 50 shazes that it has under contract in the Loesch & Crann Ditch Company, and the water rights represented by such shares, be changed to allow the following uses: Industrial uses of evaporation during mining activities and after completion of mining activities from the Custom Crushing Pits, product moisture losses through aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, gravel, and related products from land on which the Custom Crushing Pits aze located. Such uses may be made by direct use or by augmentation or replacement, provided that these shazes shall be used for no otherpurposes other than augmentation when required in connection with the Plan for Augmentation approved herein. 17. The above plan for augmentation and changes of water rights will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. - CONCLUSIONS OF LAW 18. The Applications herein aze contemplated by law, and this Court has jurisdiction over the subject matter of this proceeding. 19. Timely and adequate notice of the filing and of the contents of the Applications was given as required by law, and this Court and the Referee have jurisdiction over all persons or entities affected hereby, whether they have appeazed or not. 20. The Applicant has initiated a valid appropriation of the water rights for the Custom Crushing Pits as of the date claimed in the Application. Water is available for appropriation under this priority per a plan for augmentation. Water can and will be divertedand/or otherwise captured, possessed, and controlled and will be beneficially used under the conditional water right for the Custom Crushing Pits, and the appropriation can and will be completed with diligence and within a reasonable time. 21. The plan for augmentation described in the Findings Re: Second Claim for Relief, above, meets the statutory criteria for a plan for augmentation as set forth in Sections 37-92-103(9), -302(1), and -305(8), C.R.S., and is one contemplated by law. If the plan for augmentation is operated and administered in accordance with the conditions hereof, such plan and the operation of the Custom Crushing Pits under the plan will not cause material injury to any vested water rights or decreed conditional water rights on the Colorado River or its tributaries.