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. . . 32 Randolph Capital Corporation Case No. 99CWI08 Page 13 approve an application for well permits or replacement well permits submitted by Randolph Capital, or its successors and assigns. in accordance with the provisions of Section 37-90-137(2), 10 C.R.S. (2000), and Cache La poudre Water Users Association v. Glacier View Meadows, 191 Colo. 53, 550 P.2d 288 (1976). NOW, 'l'HEREl"OlU:, IT IS HEE\EBY ORDERED, ADJUDGED }l.ND DECREED AS FOLLOWS: 23. The Application for Approval of a Plan for Augmentation and Change of Water Rights, Including Exchanges, proposed by the Randolph capital Corporation, North Fork Associates and Mountain Mutual Reservoir Company is approved. 24. The State Engineer, the Division Engineer and/or the Water commissioner for former Water District No. 9 shall not, at the request of appropriators, or on their own initiative, curtail the diversion and use of water from the wells described in Paragraph No, 6, ~uora, so long as the out-of-priority depletions associated with such diversions are replaced to the stream system pursuant to the conditions contained herein. To the extent that Randolph Capital or its succesSOrs and assigns, are ever unable to provide che replacement water required, then the wells shall not be entitled to operate under the protection of this plan, and shall be subject to administration and curtailment in accordance with the laws, rules and regulations of the State of Colorado. Pursuant to !l37-92-30S (8), 10 C.R,S., (2000), the State Engineer shall curtail all out-of-priority diversions, the depletions of which are not so replaced as to prevent injury to vested water rights. 25. All of the foregoing Findings of Fact and Conclusions of Law are incorporated by reference herein, and are to be considered a part of the decretal portion hereof as though set out in full. 26. Randolph Capital and its successors and assigns, shall make available for release to the stream system, a sufficient quantity of water to replace depletions caused by diversions from the subject wells. The volume of augmentation wate~ required to be released each year shall be limited to out-of-priority depletions to the stream system directly attributable to diversions through the wells. 27. The Court confirms that storage water available to MMRC in the Soda Lakes Reservoir, Nos. 1 and 2 can be utilized for replacement and augmentation purposes to replace depletions associated with out-of-priority water use in the Bear Creek drainage basin.