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. . . .\ Conditions applicable to exchange: (I) water must be physically available for diversion or release at the points of exchange; (2) amount of water diverted at "exchange to" point is not greater than the amount of water measured at the Carwood Ditch headgate ("exchange from" point), or is not greater than the amount of water legally and physically available to the exchanged water rights priorities owned by Applicants at the Carwood Ditch headgate; (3) all water rights in exchange reach. including ISF water rights, are satisfied either with remaining flows or from another source of water supplied by Applicant; (4) a live stream exists between points of exchange; and (5) Applicant shall obtain Division Engineer approval prior to operating exchange and shall notify Division Engineer upon completion of operation of any exchange under this decree. . The State Engineer shall cwtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injmy to vested water rights. . The Court shall retain jurisdiction of this matter on the question of injury to the water rights of any person for a period of five (5) years from the date that the Applicant gives notice to the Court and all parties that the replacement requirement under this decree has reached 7.5 acre-feet per year of the consumptive use attributable to the Carwood Ditch water right owned by Applicant. . (3) Case No. 4-03CW263: Upper Gnnnlson Water Conservancy District and Colorado River Water Conservation District The Board ratified this statement of opposition at its March 2004 meeting. The Board's main objective in filing the statement of opposition in this case was to ensure that the Applicants would replace out-of-priority depletions in time, place, and amount under the proposed plan for augmentation. The Board holds numerous instream flow water rights in the Gwmison River Basin that could have been injured by this application. The CWCB and the Applicants have agreed to the enlly of a decree that will prevent injury to the Board's ISF water rights in the Gwmison River Basin. The purpose of this application was to enable the State Engineer to effectively administer the terms of the Aspinall Subordination Agreement, entered into by the Applicants, the United States, and the State Engineer on June I, 2000. The Applicants have agreed to the following tenns and conditions: . The decree recognizes that the subject plan for augmentation permits the subordination of the Aspinall Unit Water Rights to augment the Applicants' out-of-priority depletions as against the Aspinall Unit rights onlv under the Aspinall Subordination Agreement. . Water rights used in the Upper Gwmison River Basin that do not cause a depletion to the stream system because their actual and decreed beneficial use is non-consumptive, including ISF water rights, are entitled to the continuation of stream conditions that existed as of the time of their respective appropriations. Such non-consumptive rights therefore are entitled to place a call against junior upstream consumptive rights, including those that benefit from the Aspinall Subordination Agreement. All water rights that qualify for the benefits of the Aspinall Subordination Agreement shall be deemed to be exercising their own adjudicated priorities, including appropriative rights of exchange and water rights that divert pursuant to a decreed plan for augmentation, for the purpose of their administration relative to water rights and appropriations other than the Aspinall Unit Rights. The plan for augmentation decreed herein does not provide for the replacement of out-of-priority depletions of such water rights as against any water rights other than the Aspinall Unit Rights. . 31