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07/03/2003 10:53 303866541-Y DIV 7 WATER RESOURCE PAGE 09 <br />Application cease to produce but are expecting to continue in the near- future, the Applicant shall not <br />irrigate during the time that all wells are not producing. If all of the gas wells referred to fail, are <br />tapped or are taken out of production, then this water right shall cease to exist. <br />CONCLUSION'S OF LAW <br />9. Tlie surface waste wWa7& `ngfit ancrsiorage sougTit fierein. are contempla CT by Iaw aia if <br />administered in accordance with this Decree, will not result in injury to the vested water rights or <br />decreed conditional water rights of others. <br />10. The Division Engineer is lawfully required to administer diversions under the waterright which <br />is subject to this Decree in compliance with his'duties. <br />11. That the Findings of Fact and Conclusions. of Law are incorporated herein and made a part of <br />this decretal portion of this Decree. <br />12. The waste water right for 7.3 g.p.m. (0.0162 c1 s. conditional) and a storage right for 0.613 <br />acre feet, is approved subject to the terms and conditions of this Decree. . <br />13. The priority awarded shall be junior to all priorities awarded in previous years. As between <br />all rights adjudicated this calendar year, priority shall be determined by historical dates of <br />appropriation not effected by the entry of this ruling. <br />14. It is the ruling .of the referee that the statements of the application are true and that the <br />aforementioned water right is approved and granted in the indicated priority. <br />15. DURING AN ADMIl`IISTRATIVE CALL FOR WATER BY DOWNSTREAM SENIOR <br />WATER RIGHTS, THE USER OF TITS WATER SHALL CEASE DIVERSIONS IN <br />ACCORDANCE WITH 37 -92 -502 C.KS. AND INSTALL A VALVE WURN TREE EXISTING <br />PIPELINE TO ALLOW THE WATERTO BE DELIVERED TO THE INJECTION WELL WHEN <br />A CALL IS PLACED BY DOWNSTREAM SENIOR WATER RIGHT USERS, APPLICANT <br />SHALL NOTIFY THE DMSION ENGINEER'S OFFICE WIZEN THE WATER IS AVAILABLE <br />FOR BENEFICIAL USE FROM THE DISCHARGE PIPELINE PRIOR. TO ANY ACTUAL <br />DIVERSIONS OF THAT WATER. 'IF THE WATER SUBJECT TO THIS DECREE IS STORED <br />IN A HOLDING POND, = APPLICANT AGREES TO COOPERATE WITH THE <br />COLORADO OIL AND GAS CONSERVATION COMMISSION AND THE- OPERATOR OF <br />THE SAID GAS WELL (FROM WHICH TBE WATER IS PRODUCED) IN MEETING ANY <br />MITIGATION OR CLEAN UP REQUIREMENTS THAT MAY. BE IMPOSED BY THE <br />COLORADO OIL AND GAS COMMISSION ON THE OPERATOR. <br />3 <br />