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Case No. 82CW104 <br /> Water Division No. 2 <br /> Findings, etc. <br /> Page 8 <br /> 14 . All storage under this plan of augmentation <br /> is contingent upon the Town of Poncha Springs having valid, <br /> enforceable contracts with the Southeastern Colorado Water <br /> Conservancy District for Fryingpan-Arkansas Project water <br /> and with the Upper Arkansas Water. Conservancy District or <br /> with whomever owns or controls the subject reservoirs for <br /> the use of said reservoirs and appurtenant facilities . <br /> 15 . While water from the Fryingpan-Arkansas <br /> Project will be used as a primary source of water in this <br /> plan for augmentation, the plan does not seek in any way to <br /> modify the decrees or the Southeastern Colorado Water <br /> Conservancy District for the Fryingpan-Arkansas Project and <br /> the use of project water hereunder will continue to be <br /> pursuant to the rules, regulations and policies of the <br /> Southeastern Colorado Water Conservancy District. <br /> CONCLUSIONS OF LAW <br /> 16 . It is concluded as a matter of law that the <br /> plan for augmentation proposed by the applicant and approved <br /> by this decree is one contemplated and authorized by law, and <br /> if implemented and administered in accordance with this <br /> decree, will permit the uninterrupted use of the diversion <br /> structures described in paragraph 4 above without adversely <br /> affecting the owner of or person entitled to the use of <br /> water under any vested water right or decreed conditional <br /> water right in the Arkansas River system. <br /> 17 . Applicant is entitled as a matter of law to <br /> this decree approving the plan for augmentation in accordance <br /> with the terms and conditions outlined herein. <br /> DECREE <br /> IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED <br /> THAT: <br /> 18 . The plan for augmentation which is the subject <br /> of this action is hereby approved subject to the terms and <br /> conditions described herein. <br /> 19 . The findings of fact and conclusions of law <br /> contained in paragraphs 1 through 16 above are incorporated <br /> by reference and made a part of this decree. <br />