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0 <br />E <br />Delta Paving Pits <br />Ruling of Referee - Case 99CW128 <br />Page 11 <br />aggregate removal and processing, and aggregate washing, all in connection with the mining of sand, <br />gravel, and related products from lands on which the Delta Paving Pit Wells are located, and with <br />the reclamation and use of such land during and after completion of such mining. Such uses may <br />be made by direct use or by augmentation, replacement or exchange. <br />27. Prior to constructing the Delta Paving Pit Wells or operating the Delta Paving Pit <br />Wells under the plan for augmentation approved herein, Applicant -::all file an application for a well <br />permit for these Wells with the State. Engineer's office, pursuant to §§37-90-137(11), which <br />application shall be consistent with the terms of this Ruling. The State Engineer is ordered to issue <br />a well permit for the Delta Pavings Pit Wells, pursuant to §37-90-137, C.R.S., within sixty days after <br />Applicant files the well permit application with the State Engineer's office. Applicant or its <br />successors shall have the right to reapply to the State Engineer for a new permit for any expired <br />permit, which the State Engineer shall grant and issue within sixty days after application therefor, <br />so long as this Ruling of Referee remains in effect. <br />28. The priority date awarded herein to the Delta Paving Pit Wells shall be June 19,1998. <br />The Application was filed herein in 1999, and the Delta Paving Pit Wells shall be administered as <br />having been awarded on an application filed in 1999. <br />29. Applications for reasonable diligence shall be filed by the owner or user of the <br />conditional water right awarded herein, at the times and in the manner specified by §37-92-301(4)(a), <br />C.R.S., if such owner or user desires to maintain the same, or until a determination is made that such <br />conditional right has been made absolute by reason of the completion of the appropriation. The date <br />for filing the first application for a finding of reasonable diligence shall be set forth in the judgment <br />and decree of the Court confirming this Ruling. <br />30. The Court shall retain jurisdiction in this matter with respect to the approval of the <br />plan for augmentation and of the change of water rights for five years from the date the augmentation <br />plan becomes operational. The date the augmentation plan becomes operational shall be the date that <br />water is first exposed to the atmosphere from the Delta Paving Pit Wells after the well permit for the <br />Pit Wells is issued. Such date shall be set forth in the first annual report filed by Applicant with the <br />Division Engineer pursuant to Paragraph 31, below. In setting forth this period, the Referee finds <br />that such period is necessary to assure that no injury shall occur to vested rights of others by the <br />operation of the plan for augmentation and the change of water rights. Upon proper petition by any <br />interested person, the Court shall reconsider its approval of the plan for augmentation and/or of the <br />change of water rights and the question of injury to any water rights owned by such petitioner. <br />In the event that any person or party petitions the Court for reconsideration of its approval <br />of the plan for augmentation or the question of injury to water rights, the Court shall order