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2. Notices and Jurisdiction. All notices required by law of the filing of the Application <br />have been duly given. The water rights involved are not located within any designated <br />groundwater basin, and the Court has jurisdiction over the Application and over all persons <br />affected by it, whether or not they have chosen to appear. <br />3. Statements of Opposition. Statements of opposition were timely filed by the following <br />(the "Objectors "): Harmony Ditch Company, Jackson Lake Reservoir & Irrigation Company, <br />and United Water and Sanitation District. The time for filing statements of opposition has <br />expired. <br />4. Stipulations with Obiectors. Stipulations have been entered into between Applicant <br />and the Objectors as follows, all of which approve the entry of this Ruling and Decree: <br />4.1 Stipulation with The Harmony Ditch Company dated November 5, 2009 and <br />approved by the Court on November 8, 2009. <br />4.2 Stipulation with Jackson Lake Reservoir & Irrigation Company dated August 20, <br />2009 and approved by the Court on August 21, 2009. <br />4.3 Stipulation with United Water and Sanitation District dated November 5, 2009 <br />and approved by the Court on November 8, 2009. <br />OVERVIEW <br />5. Batch Plant Operations. Applicant owns and operates a sand and gravel pit known as <br />the Barlow Pit located in Morgan County, Colorado. In 1974, Applicant was issued a mining <br />and reclamation Permit No. M -74 -92 that remains in effect, which allows mining of up to 40 <br />acres as a wet pit (the "Mining Land "). The Mining Land is specifically described on Exhibit A <br />attached hereto and depicted on the map attached hereto as Exhibit B (the "Map "). Sand and <br />gravel from the Barlow Pit is removed by dredging operations from time to time and stored on <br />the Mining Land. Such material is transported as needed to a batch plant operated by Dorn near <br />the Barlow Pit (the "Batch Plant "), the location of which is shown on the Map attached hereto as <br />Exhibit B. The Batch Plant is provided water by the Batch Plant Commercial Well described in <br />Section 15.2 below, the location of which is also depicted on the Map. As of December 31, 1980, <br />the Barlow Pit had exposed 2.7 surface acres to evaporation (the "Exempt 2.7 Acres "). Pursuant <br />to C.R.S. § 37- 90- 137(11)(b), evaporative losses from the Exempt 2.7 Acres do not require <br />augmentation or replacement. <br />6. Existing Substitute Supply Plan. Depletions from operation of the Batch Plant <br />Commercial Well, evaporative losses from the Barlow Pit and water removed with the sand and <br />gravel are currently being augmented pursuant to a substitute supply plan first approved by the <br />State Engineer in 1992. The Application seeks to obtain judicial approval of a plan for <br />augmentation to replace otherwise out of priority depletions associated with the current <br />2of17 <br />