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<br />.. <br /> <br />~ <br /> <br />e <br /> <br />11. Full and adequate notice of these proceedings and the matters adjudicated herein has been given <br />in the manner required by law. <br /> <br />12. The District has met all burdens of proof and complied with all standards applicable to changed <br />water rights and E/A Plan requested herein, including, without limitation, C.R.S. 99 37-92-302, 304 <br />and 305; C.R.S. 9 37-80-120; C.R.S. 9 37-82-106; and C.R.S. 9 37-83-104. <br /> <br />13. The District's E/A Plan and change of water rights, and the Authorized Diversions referenced in <br />paragraph 3(c) above, which are approved herein, are contemplated and authorized by law, and if <br />implemented and administered in accordance with this Findings of Facts, Conclusions of Law and <br />Decree, will not injure vested water rights or decreed conditional water rights. <br /> <br />IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: <br /> <br />14. The Findings of Fact and Conclusions of Law set forth above are incorporated in the Decretal <br />portion of this Decree by reference. <br /> <br />15. The District is hereby awarded a change of use for 400 AF in Groundhog Reservoir as described <br />in paragraph 3(a)(2) herein. <br /> <br />16. The District is hereby awarded a Decree for Exchange and Augmentation for Authorized e <br />Diversions within the District as now constituted or as may be enlarged pursuant to C.R.S. 37-45-10 I, <br />et.~. <br /> <br />17. Before any Authorized Diversion commences diverting under this Plan, or before any well is <br />drilled as an Authorized Diversion, the District shall have received appropriate State or Division <br />Engineer approval, or a copy of any required well penn it pursuant to C.R.S. 37-90-137(2), or Water <br />Court approval. <br /> <br />18. Upon approval of this E/ A Plan, and annually thereafter, or more frequently ifreasonably required <br />by the Division Engineer, the District shall prepare a plan of release of water from Groundhog <br />Reservoir to augment the River by replacing, as necessary, the depletions from Authorized Diversions. <br />The District shall meet with the Division Engineer for approval of such plan and shall make such <br />adjustments as the Division Engineer deems appropriate. <br /> <br />19. No later than the first day of April of each year, and at such othertimes as the Division Engineer <br />may reasonably request, the District shall submit a report to the Division Engineer, listing the location, <br />time and amount of diversion from Authorized Diversions, the dates and amounts of releases of water <br />from the structures supplying the water for augmentation, and any structure previously augmented that <br />will no longer be augmented under the Plan. The District accounting shall be on fonns approved by <br />the Division Engineer and shall include, if requested by the Division Engineer, infonnation on the <br />timing of the impact of Authorized Diversions on the stream system, the manner in which delayed <br />depletions will be offset, and transportation losses as approved by the State Engineer. The District shall <br /> <br />e <br /> <br />14 <br />