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<br />. <br /> <br />DECREE PROPOSED FOR SETTLEMENT BETWEEN <br />SAN LUIS VALLEY IRRIGTION DISTRICT AND THE <br />COLORADO WATER CONSERVATION BOARD <br />MAY 13, 2005 <br /> <br />including the conditional appropriative right of exchange, is consistent with the District <br />Court, Water Division No. 3's determination in Case No, 86CW30 that "credit water" may <br />be dedicated Ato use in a judicially-approved plan for augmentation, or any other means of <br />actual beneficial use of water." (~7 of the decree in Case No. 86CW30). <br /> <br />39, The date of appropriation for the conditional right of exchange approved <br />herein is December 12, 2001. This right of exchange was applied for in the calendar year <br />2003, and shall be administered as having been filed in that year. The appropriative right <br />shall be junior to all decreed water rights applied for in previous years, As among all rights <br />applied for in the calendar year 2003, priority shall be determined by historical dates of <br />appropriation and shall not be affected by the date and entry of the decree. <br /> <br />. <br /> <br />40, So long as the Applicant desires to maintain the conditional appropriative <br />right of exchange described herein, it shall file an Application for Sexennial Finding of <br />Reasonable Diligence with the Water Clerk of the District Court for Water Division NO.3 <br />during the month of ,2011, and thereafter pursuant to C.R.S. S 37-92-301 (4)(a), <br />until a determination has been made that such conditional right is made absolute by reason <br />of the completion of the appropriation. <br /> <br />41. The Applicant shall be entitled to carry forward any water exchanged and <br />stored pursuant to this Plan for Augmentation and retain it in storage from one year to the <br />next in order to provide sufficient augmentation water in,times of shortage, subject to the <br />provisions of any agreements with the reseNoir owners, <br /> <br />c <br /> <br />42. No owners of or persons entitled to use water under a vested water right or <br />decreed conditional water right will be injured or injuriously affected by the operation of the <br />Applicant's Plan for Augmentation, including conditional appropriative right of exchange, so <br />long as the terms and conditions of this Decree are administered as set forth herein. As <br />required underC.R.S. ' 37-92-305 (8), this Plan for Augmentation is sufficientto permit the <br />continuation of diversions by Participating Structures when curtailment would otherwise be <br />required to meet a valid senior call for water, to the extent that the Applicant provides the <br />replacement water necessary to meet the lawful requirements of a senior diverter at the <br />time and location and to the extent the senior would be deprived of the senior;s lawful <br />entitlement by the Participating Structures; diversion, The State Engineer shall curtail all <br />out-of-priority diversions by Participating Structures, the depletions from which are not so <br />replaced so as to prevent injury to vested water rights, <br /> <br />Page 19 of 21 <br />