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Decree of the Water Court <br />Case No. 03CW8, Water Div. 2 <br />Transit Mix of Pueblo, Inc., et al. <br />Page 11 <br />evaporation on its gravel pit lakes, including those exposed to the atmosphere prior to 1981. <br />Applicants disagree with that position on legal grounds. By way of compromise and settlement, <br />Applicants agreed to replace a portion of the net annual out-of-priority depletions from 25.4 acres <br />of pre-1981 exposed gravel pit lakes, and dedicate all of their Priority 59 Hamp-Bell Ditch water <br />rights (1.0 cfs) and one-half of their Priority 36 Hamp-Bell Ditch water rights (0.145 cfs) for that <br />purpose. This decree, based as it is on the Applicants' stipulation with Aurora, is more restrictive <br />on Applicant and no less protective of Arkansas River water rights than the draft decree to which <br />Southeastern stipulated, and preserves Southeastern's rights regarding resolution of the legal issue <br />about which Applicant and Southeastern disagree, as addressed in paragraph 43 below. Thus, this <br />decree is consistent with the objectives of Applicants' resolution of this case with Southeastern. <br />27. The depletive effects on the Arkansas River of the net evaporation from the Chain <br />of Lakes are as shown on Table 4. <br />Table 4 - Monthly Chain of Lakes Augmentation Requirement (AF) <br />Month Replacements (AF) Month Replacements (AF) <br />January 8.45 July 11.25 <br />February 9.85 August 12.65 <br />March 11.20 September 12.42 <br />April 15.99 October 11.79 <br />May 16.15 November 11.26 <br />June 15.06 December 8.45 <br />The total replacement obligation, not including lagged return flows (which are accounted <br />for and will be replaced pursuant to the provisions of paragraph 20), equals 144.5 acre feet. <br />15003 h/transit mix/decree 02-22-09