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2. Name of Structure to be Augmented. Freund Pit. Freund Pit is an unlined gravel pit <br />located in the SW1 /4 SW1 /4 of Section 15 and the NW1 /4 NW1 /4 of Section 22, Township 6 <br />South, Range 64 West, of the 6th P.M. Freund Pit fills with ground water tributary to Running <br />Creek, tributary to Box Elder Creek, tributary to the South Platte River. A map showing the <br />general location of Freund Pit is attached hereto as Exhibit A. <br />3. Water Right to be Used for Augmentation. Nontributary ground water decreed to <br />Applicant in Case No. 93CW117, Water Division 1. The Third Revised Judgment and Decree in <br />Case No. 93CW117 was entered nunc pro tunc on September 29, 1997. Pursuant to the decree <br />entered in Case No. 93CW117, Applicant has available for augmentation and replacement <br />purposes 818 acre - feet/year of nontributary water from the Denver Aquifer, 1,301 acre - feet/year <br />of nontributary water from the Arapahoe Aquifer and 684 acre - feet/year of nontributary from the <br />Laramie -Fox Hills Aquifer. At this time, Applicant intends to utilize augmentation water <br />available to it from the Denver Aquifer under Well Permit No. 46825 -F in order to augment the <br />net evaporative depletions from the Freund Pit. However, Applicant may use the nontributary <br />water from any well permitted under the decree entered in Case No. 93CW117 for augmentation <br />purposes. Applicant reserves the right, pursuant to C.R.S. § 37 -92- 305(8), to use additional or <br />alternative sources of water for replacement under this plan for augmentation or an approved <br />substitute water supply plan, on a temporary or permanent basis, including water leased or <br />owned by Applicant, subject to approval by the Water Court and/or the State Engineer's Office. <br />Applicant further reserves the right to use additional or alternative sources of water for <br />replacement under this plan for augmentation pursuant to an interruptible water supply <br />agreement approved pursuant to C.R.S. § 37 -92 -309. <br />4. Complete Statement of Plan for Augmentation. Applicant proposes to replace <br />evaporative depletions resulting from the post -1980 exposure of ground water at the Freund Pit <br />with augmentation water from its nontributary sources decreed in Case No. 93CW117, and/or <br />from any other additional or alternative source of replacement water approved for such use by <br />the Water Court and/or the State Engineer's Office. The surface area of the Freund Pit when full <br />is approximately 10 acres. 7 acres of ground water was exposed prior to 1981, and mining <br />operations in the late 1980s to present have exposed an additional 3 acres of ground water. <br />Pursuant to C.R.S. § 37 -90- 137(11), Applicant is only required to augment the net evaporative <br />depletions from the surface area exposed to the atmosphere after January 1, 1981. Accordingly, <br />the current projected net annual evaporative depletion from the. 3 acres of ground water exposed <br />to the atmosphere after 1980, estimated using the guidelines established by the State Engineer's <br />Office, is approximately 11.5 acre - feet/year. Because the Freund Pit is located within one <br />hundred feet of Running Creek, it is assumed that all evaporative depletions caused by the <br />Freund Pit accrue to Running Creek instantaneously. Augmentation water will be delivered <br />directly into Running Creek, tributary to Box Elder Creek, tributary to the South Platte River. <br />Applicant also has the right to expand the Freund Pit so that the surface area, when full, <br />will be 27 acres. To the extent that the Freund Pit is expanded into the future, Applicant will <br />increase its augmentation releases by the net evaporative depletions for the additionally exposed <br />{00151038/2 } 2 <br />