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available, Applicant shall either (i) fill the Freund Pit so that the surface area of <br />ground water exposed to the atmosphere shall be no greater than the pre -1981 size <br />of the Freund Pit of seven acres, or (ii) Applicant shall install a gravel liner <br />around the Freund Pit capable of eliminating ground water inflow into the Freund <br />Pit as provided for by the State Engineer Guideline for Lining Criteria for Gravel <br />Pits, August 1999. <br />(e) If groundwater exposure from the Freund Pit should ever cease, Applicant will <br />nevertheless continue to make augmentation releases as necessary in order to <br />account for injurious post- exposure depletions impacting the South Platte River. <br />The post- exposure augmentation source must be either a renewable surface supply <br />of sufficient amount to cover the maximum anticipated depletions, or a <br />reservation of a quantity of decreed nontributary water equal to the total amount <br />of water that will be pumped. The amount of augmentation water required for <br />replacement of post ground water exposure depletion will be determined based on <br />the month in which groundwater exposure ceases and the size of the pit at that <br />time, using the same evaporation rates, lagging factors and augmentation <br />requirements set forth in paragraph 6(c)(iii) above. Attached as Exhibit B is a <br />table of the monthly post- exposure depletions that must be replaced based on the <br />current and full build -out of the Freund Pit, should ground water exposure from <br />the Freund Pit cease. Applicant may aggregate deliveries of post- exposure <br />depletion replacement water, subject to the approval and discretion of the Water <br />Commissioner and /or Division Engineer. <br />(f) Pursuant to C.R.S. § 37 -92- 305(8), the Division Engineer shall curtail all out -of- <br />priority diversions, the depletions from which are not so replaced as to prevent <br />injury to vested water rights. <br />II. CONCLUSIONS OF LAW <br />8. The foregoing Findings of Fact are incorporated by this reference and the following <br />Conclusions of Law are made therefrom. <br />9. All notices of the application have been properly made as required by law, including as <br />required under C.R.S. § 37 -92- 302(3), and the Court has jurisdiction over the subject <br />matter of this action and over all entities or persons who had standing to appear, even <br />though they did not. <br />10. The application is complete, covering all matters required by C.R.S. §§ 37 -92 -101 et seq. <br />11. Applicant has satisfied all legal requirements for a decree for the requested plan for <br />augmentation pursuant to C.R.S. §§ 37 -92 -301 through 305. <br />Freund Investments, LLC <br />Case No. 11 CW107, Water Division I <br />Page 6 of 8 <br />