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<br />32 <br /> <br />. <br /> <br />Randolph Capital Corporation <br />Case No. 99CWI08 <br />Page 12 <br /> <br />17. In order to ensure that sufficient augmentation water <br />will be available for this augmentation plan, MMRC has agreed to <br />reserve for the benefit of RandOlph Capital and its assigns, and <br />for use in this plan, 0.00331 of a cubic foot per second of the <br />Warrior Ditch priority No.4, yielding up to 0.887 of an acre foot <br />of consumptive use water per year; and 0.165 of an acre foot.of <br />consumptive use water decreed to the Harriman Ditch/Soda Lakes <br />Reservoir system. Deliveries of MMRC's direct flow and storage <br />water which are committed to other augmentation plans and <br />stockholders of MMRC are set forth in the attached Exhibits "A," <br />liB, II "ell and 110. II <br /> <br />18. The Court finds that the source of replacement water and <br />the protective terms outlined above are sufficient to protect the <br />vested rights of other water users in the South Platte River Basin. <br /> <br />CONCLUSIONS OF LAW <br /> <br />. <br /> <br />19. This Application was filed with the Water Clerk, Water <br />Division No.1, pursuant to !l37-92-302 (a), 10 C.R.S. (2000). <br />Statements of opposition were filed by the TOwn of Morrison, the <br />Genesee Water and Sanitation District, Theodore M. Zorich. <br />Jefferson County. Singin' River Ranch, the Colorado Water <br />Conservation Board and the City of Thornton. ,As is specified in <br />!l37-92-302(1) (c), 10 C.R.S. (2000), the time for filing statements <br />of opposition has expired, Applicants have entered into <br />Stipulations with the Singin' River Ranch and <br />The terms and conditions of said Stipulations are incorporated <br />herein by reference. <br /> <br />20. The request of Randolph Capital, North Fork Associates <br />and MMRC for approval of a plan for augmentation and change of <br />water rights. inCluding exchanges, described herein. is <br />contemplated and authorized by law, and if administered in <br />accordance with this decree, will permit the uninterrupted <br />utilization of the wells described herein, without adversely <br />affecting any other vested water rights in the South Platte River <br />or its tributaries. Sections :37-92-305 (3); (5) and (8). !l37-80- <br />120 and !l37-83 -104. 10 C. R. S. (2000), <br /> <br />21. The State Engineer may lawfully be required' to administer <br />this plan for augmentation and change' of water rights, and the <br />water exchanges, in the manner set forth herein. <br /> <br />. <br /> <br />22. As a result of the operation of the Plan, for <br />Augmentation, there is water available for withdrawal from the <br />,wells described in p.aragraph No.6, supra, and the construction and <br />use of same will not result in the material injury of the vested <br />water rights of others, Accordingly, the State Engineer shall <br /> <br />I <br />