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Case No. 82CW104 <br /> Water Division No. 2 <br /> Findings, etc. <br /> Page 7 <br /> by Poncha Springs grows beyond 500 , the applicant may develop <br /> and use additional water supply from the South Fork of the <br /> Arkansas River or its alluvium under this augmentation plan <br /> provided that, at all times, applicant controls sufficient <br /> storage space , senior bypass water rights on the South Fork , <br /> and annual allocation of Fryinypan-Arkansas Project water to <br /> replace its out-of-priority depletions in accordance with the <br /> provisions of this decree. <br /> 12 . The objector. Colorado Water Conservation I3oar.d <br /> filed its statement or opposition primarily ouL of its <br /> concern with the possible injurious effect of applicant ' s <br /> plan for augmentation on the State ' s minimum stream flow <br /> priorities decreed in Case Nos . W-4660 , W-4659 and 79CW121 , <br /> Water Division No. 5. The applicant acknowledges that <br /> operation of this plan for augmentation are necessarily <br /> junior to and subordinate to the State ' s water rights decreed <br /> in those cases , applicant a(irees to consult with the Colorado <br /> Water Conservation Board, the Upper Arkansas Water Conservancy <br /> District and the Division Engineer as to the necessary <br /> iadministration to prevent injury to these senior rights , and <br /> therefore the State has withdrawn its statement of opposition <br /> upon entry of this decree. <br /> 13 . The objector United States of America filed <br /> its statement of opposition primarily out of its concern <br /> with the possible injurious effect of applicant ' s plan for <br /> augmentation on certain water rights claimed by the United <br /> States pursuant to the federal reserved rights doctrine , <br /> which claims are currently pending before this Court in <br /> Case No . 82CW33 . The applicant acknowledges that its plan <br /> for augmentation must be operated in priority with respect <br /> to any federal reserved rights claims which may ultimately <br /> be decreed to the United States in Case No. 82CW33 . To the <br /> extent any such claims of the United States are adjudged to <br /> be senior to the water rights of the applicant decreed <br /> herein , this plan for augmentation shall be administered in <br /> priority as to those water rights of the United States . The <br /> United States has withdrawn its statement of opposition upon <br /> entry of this decree. <br /> • <br />