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961079 04/24/2018 08.32 AM Page 11 of 18 plan is not needed to utilize the ponds for such uses. South Forty can utilize the South Forty Ponds for such uses so long as it replaces the out-of-priority evaporative depletions from the ponds as provided for in this decreed plan of augmentation. Any evaporation losses from the South Forth Ponds and their beneficial uses do not need to be replaced whenever the South Forty Ponds groundwater right is in priority. 18. Substituted Augmentation Water. South Forty shall at all times have adequate leased or owned fully consumable water available to meet out-of-priority plan depletions. South Forty shall have the right to replace its fully consumable replacement water supplies, upon expiration of its leases and water supply agreements, with other leased, supplied, or owned fully consumable water that is approved by a substitute water supply plan, or other administrative approval, or is decreed for augmentation use and available to replace the pond depletions in accordance with the terms of this Decree. Such substitution or supplement of augmentation water shall be upon motion to the Court under its retained jurisdiction and proof of the adequacy of such other augmentation water to replace the lagged evaporative depletions in accordance with the terms of this Decree. Applicant shall bear the burden of proof of adequacy of the substituted replacement water supply. South Forty's motion shall include the engineering and basis of non- injury for the substituted water supply, including, a detailed description of the water rights, decrees for those water rights, any replacement of return flows or other obligations, and how the water rights will be incorporated into the augmentation plan. Opposers and the Division Engineer shall have a period of 63 days thereafter to file any objections with the Water Court as to the adequacy of the substituted replacement water. If no objections are filed, the water rights shall be incorporated into the augmentation plan as proposed. If an objection is filed and the parties are unable to agree to the substitution of this new fully consumable replacement water supply, the Court shall hold such hearings as necessary to resolve the issues. In these retained jurisdiction proceedings, the only issue for determination shall be whether the substituted replacement water supply can be used as a replacement supply for this augmentation plan without material injury. All other matters of the Decree shall remain determined as a matter of res judicata. The extension of the Municipal Water Users Agreement with Canon City beyond its 30 year term and the extension of the UAWCD lease beyond its 5 year term, upon the same material provisions, shall not require invoking the Water Court's retained jurisdiction hereunder. Such extensions may be entered into with copies of those lease extensions or continuances provided to the Division Engineer and the opposers and this Decree shall continue to operate as provided herein. 19. Consideration of Depletions/Augmentation Water. In this augmentation plan the Court has considered the quantity and timing of depletions from South Forty's uses of water, the quantity and timing of augmentation water which will be provided by South Forty, and the existence, if any, of injury to any owner of or person entitled to use water under a vested water right or a decreed conditional water right. 20. Non-Injury. The Court determines, that so long as this augmentation plan is operated in accordance with the terms and conditions of this Decree, then the timing, quantity, and location of replacement water and the protective terms outlined herein arc sufficient to protect Lindner/Aug Plan Appl/Pleadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean doc I I