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Case No. 86CW330 <br />Page 6 <br />18. The plan for augmentation, including exchange, described herein is in <br />accordance with law. JUDGMENT AND DECREE <br /> <br />19. The Findings of Fact and Conclusions of Law set forth above are <br />incorporated herein by reference. <br />20. The conditional exchange and the plan for augmentation described herein is <br />decreed with a priority date of May 6, 1986 <br />21. Pursuant to Section 37-92-304(6) C.R.S., the court retains jurisdiction <br />over this plan for augmentation for a period of three years from the last day of <br />the first calendar year in which Applicant operates the plan for augmentation for <br />the purpose of considering upon motion of any existing party to this case with <br />appropriate notice to all other parties, whether the provisions of this decree <br />are adequate to prevent injury to vested water rights. The Court shall always <br />retain jurisdiction to amend the monthly percentages determining the timing of <br />irrigation return flows described in paragraph ll.c. above. <br />22. The condi ional exchange decreed herein is continued in full force and <br />effect through ?? If Applicant desires to maintain such <br />conditional wat rig t, App ication for finding of reasonable diligence shall <br />be filed on or b for or a showing made on or before such <br />date that the conditi na wa r r g t as become an absolute water right by <br />completion of the appr priation. <br />23. The conditional exchange and plan for augmentation decreed herein shall be <br />administered by the Division Engineer, with the Applicant installing appropriate <br />measuring devices as reasonably required by the Division Engineer to allow such <br />administration. The State Engineer shall curtail all out-of-priority diversions, <br />the depletions from which are not so replaced as to prevent injury to vested <br />water rights. <br />24. A copy of this Judgment and Decree shall be filed with the Division <br />Engineer and the State Engineer. <br />DATED thl S5k)K- day of ?n MJ„ wA?,, , 1993. <br />BY THE COURT: <br />Tj1ot11dS VU. OSSOIa <br />The Honorable Thomas W. Ossola <br />Water Judge <br />Water Division No. 5 <br />State of Colorado