Laserfiche WebLink
13. The augmentation plan described in Paragraph 9, above, will adequately replace depletions <br />in time, amount, and location. <br />14. The water rights described above are part of an integrated system pursuant to C.R.S. §37- <br />92- 301(4)(b) that will be used to supply water to the Applicant. <br />CONCLUSIONS OF LAW <br />15. The foregoing paragraphs are incorporated herein to the extent that said paragraphs contain <br />conclusions of law. <br />16. The Application having been published as required by law, the Court has jurisdiction over <br />these proceedings and over all persons and water rights affected thereby, whether they have <br />appeared or not <br />17. Full and adequate notice of these proceedings and the matters adjudicated herein has been <br />given in the matter required by law. <br />18. The Division Engineer is lawfully required to administer diversions under the water rights <br />that are the subject of this ruling and decree. The State Engineer and Division Engineer, <br />pursuant to C.R.S. §37 -92- 305(8), shall curtail all out -of- priority diversions, the depletions from <br />which are not so replaced pursuant to this decree as to prevent injury to vested water rights. <br />19. Applicant has met all burdens of proof and complied with all standards and burdens of <br />proof applicable to changes of water rights, new appropriations for conditional water rights, and <br />augmentation plans. <br />20. The change of water right, new water rights, and plan of augmentation described above are <br />contemplated and authorized by law, and will not injuriously affect the owners of or persons <br />entitled to use water under a vested water right or a decreed conditional water right. <br />IT IS THEREFORE, ADJUDGED AND DECREED that: <br />21. The provisions of paragraphs 1 -20 are incorporated herein. <br />22. The change of water rights described in Paragraph 6 is approved. <br />23. The conditional water rights described in Paragraph 7 and 8 are approved. The priorities <br />for these water rights shall be 2007 pursuant to an application filed in the Water Court in <br />2007, and shall be junior to all water rights filed in previous years, and senior to all water <br />rights filed in later years. As between rights filed in the same calender year, priorities shall <br />be determined by historic dates of appropriation. <br />