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Opposers. No statements of opposition were filed in this matter and the time for filing <br />such statements has expired. <br />4. Report of the Division Engineer. A consultation was held between the Referee and <br />Division Engineer for Water Division 1 on October 24, 2011 and a Summary of <br />Consultation was issued on October 31, 2011. Applicant filed a response to the Summary <br />of Consultation on February 2, 2012. The Referee has given due consideration to the <br />Summary of Consultation and the response filed thereto in making these findings. <br />Overview of Application. Applicant is seeking approval of a plan for augmentation for <br />the Freund Pit, an unlined gravel pit, located in Sections 15 and 22, Township 6 South, <br />Range 64 West, of the 6th P.M. Applicant proposes to replace evaporative losses <br />resulting from the post -1980 exposure of ground water at the Freund Pit with <br />augmentation water from its nontributary sources decreed in Case No. 93CW117, Water <br />Division 1, and /or from any other additional or alternative source of replacement water <br />approved for such use by the State Engineer's Office. <br />6. Plan for Augmentation. <br />(a) Name of Structure to be Augmented. Freund Pit. Freund Pit is an unlined gravel <br />pit located in the SW1/4 SW1 /4 of Section 15 and the NW1 /4 NW1/4 of Section <br />22, Township 6 South, Range 64 West, of the 6th P.M. Freund Pit fills with <br />ground water tributary to Running Creek, tributary to Box Elder Creek, tributary <br />to the South Platte River. A map showing the general location of Freund Pit is <br />attached hereto as Exhibit A. <br />(b) Water Right to be Used for Augmentation. Nontributary ground water decreed to <br />Applicant in Case No. 93CW117, Water Division 1. The Third Revised <br />Judgment and Decree in Case No. 93CW117 was entered nunc pro tune on <br />September 29, 1997. Pursuant to the decree entered in Case No. 93CW 117, <br />Applicant has available for augmentation and replacement purposes 818 acre - <br />feet/year of nontributary water from the Denver Aquifer, 1,301 acre - feet/year of <br />nontributary water from the Arapahoe Aquifer and 684 acre - feet /year of <br />nontributary from the Laramie -Fox Hills Aquifer. At this time, Applicant intends <br />to utilize augmentation water available to it from the Denver Aquifer under Well <br />Permit No. 46825 -F in order to augment the net evaporative depletions from the <br />Freund Pit. However, Applicant may use the nontributary water from any well <br />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 <br />additional or alternative sources of water for replacement under this plan for <br />augmentation or an approved substitute water supply plan, on a temporary or <br />permanent basis, including water leased or owned by Applicant, subject to <br />Freund Investments, LLC <br />Case No. 11 CW107, Water Division I <br />Page 2 of 8 <br />