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water is legally and physically available for diversion at the points of diversion decreed in the <br /> Consolidated Decree, not to exceed 2.0 c.f.s. <br /> 23. Appropriative Right of Exchanme. The appropriative right of exchange described in <br /> Paragraph 12 above is hereby confirmed and approved, subject to the following terms and <br /> conditions: <br /> 23.1 There is live flow between the Exchange-From and Exchange-To Points in excess <br /> of the rate at which water is being diverted under the exchange; provided, however, that <br /> notwithstanding the above provision, the State water administration officials, on a case by case <br /> basis, may authorize an exchange which commands the entire flow available at the Exchange-To <br /> structures if they reasonably determine that there will be no injury to any other water rights or <br /> exchange; and <br /> 23.2 There are no intervening water rights or decreed exchanges with priorities senior <br /> to the subject exchange that are calling for water. <br /> 23.3 Prior to exercising the exchange, Applicant shall provide adequate notice to and <br /> obtain approval from the Water Commissioner of the amount and timing of the exchange. For <br /> purposes of this Decree, adequate notice will be 48 hours, or such lesser time as acceptable to the <br /> Water Commissioner. <br /> 23.4 The absolute and conditional subject exchanges will be administered as having <br /> been filed in 2013 and 2015, respectively, and shall be junior to all water rights applied for in <br /> previous years. As between water rights filed in the same calendar year, priority shall be <br /> determined by dates of appropriation. <br /> 24. Adequacy of Substitute Supply. The substitute supply of water that will be provided <br /> for replacement under this amended plan for augmentation and exchange shall be of sufficient <br /> quality and continuity to meet in time, location, and amount the requirements for which the water <br /> of downstream senior appropriators has normally been used. <br /> 25. Administration. <br /> 25.1 The State Engineer shall curtail all out-of-priority diversions, the depletions from <br /> which are not replaced pursuant to the augmentation plan, so as to prevent injury to other water <br /> rights. <br /> 25.2 The Division Engineer, or his designated representative, will administer all water <br /> transported in the South Platte River or its tributaries under this Decree, including water for <br /> replacement of depletions, past intervening headgates to ensure that such water is not intercepted <br /> or otherwise diminished in quantity by diversion, use or other interference by intervening water <br /> rights and to assure that such water remains available and suitable for Applicant's uses under this <br /> Decree, except when any intervening headgate in existence as of the date of this Decree is <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 24 <br />