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<br />11/20/1998' 15:37 <br /> <br />7195209447 <br /> <br />MACDOUGALL LAW OFF1C <br /> <br />t-'A<it. a <br /> <br />-Y' <br /> <br />. <br /> <br />objections, <br /> <br />27. Applicant shall accQunt for appropriate evaporation <br />charges if established by the Division Engineer, on water placed <br />into storage; however, such;an evaporation charge shall be <br />assessed only when the Division Engineer assesses evaporation <br />charges on all water storage rights in Water Division No, 3. <br /> <br />28, Applicant shall dtsclose to those parties intending to <br />participate in this plan that any uses augmented under this plan <br />may be sUbject to total curtailment in the event of <br />unavailability of augmentation water or in the event Applicant or <br />its successor is unable to ~tore such augmentation water, <br /> <br />29, The plan for augmentation, the change of water rights, <br />and carrying forward of stored water from year to year are <br />contemplated by law. If the plan for augmentation is <br />administered in accordance with this Ruling, it is sufficient to <br />permit the continued diversi,ons and depletion in the Rio Grande <br />basin, including ,the Rio Grande main stem, its tributaries, and <br />the confined and unconfined :aquifers, from participating non- <br />agricultural wells and otheri diversion or storage structures, <br />including but not limited td structures for livestock watering, . <br />pond evaporation, domestic, Including lawn and landscape <br />irrigation, in-house domestic, commercial, and industrial uses <br />within the boundaries of the~ San Luis Valley Water Conservancy <br />District, as such boundaries; may change from time to time <br />pursuant to law, when curtai~ment would otherwise be required to <br />meet valid senior calls. The owners of or persons entitled to <br />use water under vested water' rights and decreed conditional water <br />rights will not be injuriously affected by this augmentation <br />plan, or by the change of water rights. <br /> <br />30. The State Engineer' lawfully may be required under the <br />terms of this Ruling to admipister the plan for augmentation in <br />the manner set forth herein and shall not, at the request of any <br />other appropriator or on his' own initiative, curtail or obtain a <br />curtailment of the diversion, of water from the structures <br />augmented under this plan so long as replacement water is <br />available to meet the lawful requirements of seniors at the time <br />and place and to the extent that the seniors would be deprived of <br />their lawful entitlements by such structures, except as provided <br />herein, The state Engineer shall curtail all out-of-priority <br />diversions, the depletions from which are not 50 replaced as to <br />prevent injury to vested water rights pursuant to C.R,S, ~ 37-92- <br />305 (8) , <br /> <br />31, Since the subject water rights have historically been <br />used as a supplemental source of irrigation water, revegetation <br /> <br />lJ~OJ j :\S'LINC'll\c\ll if\9'~li) <br /> <br />8 <br /> <br />. <br />