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Case No. 87CW392 <br />Page 10 <br />to Dillon of said construction shall not exceed $5,000.00. To offset the effects <br />of inflation, if any, the $5,000.00 shall be adjusted from year to year by <br />reference to the Consumer Price Index U for metropolitan Denver, Colorado for the <br />preceding 12 months. <br />19. Stipulation with Blue River Valley Ranch Lakes Association: The Applicant <br />and Objector Blue River Valley Ranch Lakes Association have entered into a <br />Stipulation under which Applicant agrees that at any time when the Association's <br />Bobo Ditch Water Right is prevented from diverting or restricted in its <br />diversions by the Water Commissioner as a result of a lawful call or senior <br />demand, then diversion by the Applicant from the Town of Dillon Wells 1-5 sha17 <br />be made only if the Applicant is providing augmentation for the depletions from <br />these wells by means of its water rights in Old Dillon Reservoir, Dillon <br />Reservoir, Clinton Reservoir or other sources above the diversion points for the <br />Bobo Ditch water rights as identified in Case No. 91CW272. This limitation shall <br />only apply at times when Applicant is operating the Wells under a plan for <br />augmentation and not at times when Dillon Wells 1 through 5 are being operated <br />as alternate points of diversion for Dillon's Straight Creek Ditch water right <br />as changed for municipal purposes in Case Nos. W-12, W-13, and W-402 by the <br />District Court for Water Division No. 5, State of Colorado. <br />20. Finding af No Injury: The Court finds that the plan for augmentation and <br />changes of water right, including exchanges, described above, if operated as <br />described above, will not cause injury to any other owners or users of water <br />rights and, therefore, should be decreed. <br />CONCLUSIONS OF LAW <br />21. This Application was filed pursuant to the special statutory procedures <br />contained in §37-92-301 through 37-92-306, C.R.S. <br />22. This Court has jurisdiction over the Application and all owners and users <br />of water rights in Water Division No. 5, whether they have appeared or not. <br />23. Applicant has demonstrated that it is entitled to the conditional water <br />rights sought herein as a matter of law. <br />24. The plan for augmentation and changes of water right, including exchanges, <br />described herein is in accordance with ]aw. - <br />JUDGMENT AND DECREE <br />25. The Findings of Fact and Conclusions of Law set forth above are incorporated <br />herein by reference. <br />26. The plan for augmentation and changes of water rights described above are <br />approved subject to the terms and conditions included above. <br />27. The conditional water rights and exchanges claimed above are decreed with <br />the appropriation dates claimed and identified above. <br />28. The priorities herein awarded to the conditional exchanges described in <br />110.a, 110.b, and 110.c and the conditional water rights described in 16.a, 16.b, <br />16.c, J6.d, 16.e, and q6.i were filed in the Water Court in the year 1987 and <br />shall be administered as having been filed in that year. They shall be junior