2019-06-24_REVISION - M1977559 - Laserfiche WebLink

Home Browse Search

961079 04/24/2018 08:32 AM Page 12 of 18 the vested rights of other water users and prevent material injury thereto. As a result of the operation of the plan for augmentation in accordance with the terms of this Decree, the out-of- priority net depletions from the South Forty Ponds and the in-priority use of the South Forty Ponds Well will not result in material injury to any owner of or person entitled to use water under a vested water right or decreed conditional water rights. 21. Substituted Water. The substituted water provided under this plan for augmentation is of a quality and continuity to meet the requirements for which the water of senior appropriators has normally been used, and such substituted water shall be accepted by the senior appropriators in satisfaction of the appropriative requirements of such senior water rights. CONCLUSIONS OF LAW 22. Statutory Authority. This Application was filed with the Water Clerk, Water Division 2, pursuant to C.R.S. §37-92-302(1)(a), and this Court has exclusive jurisdiction over these proceedings. C.R.S. §37-92-203, §37-92-302(1)(a) and (5), and §37-92-305. 23. Authorized by Law. South Forty's request for a plan of augmentation is contemplated and authorized by law. 24. Administration without Curtailment. If administered in accordance with this decree, South Forty's plan of augmentation shall be sufficient to permit the continuation of beneficial uses at the South Forty Ponds when curtailment would otherwise be required to meet a valid senior call for water. C.R.S. §37-92-305(3), (5) and (8). 25. Lawfully Administered. The State Engineer shall administer this plan for augmentation in the manner set forth herein. DECREE NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 26. Approval of Application. South Forty's Application for Approval of Plan for Augmentation, and groundwater rights for the South Forty Ponds, is granted and approved in accordance with the terms and conditions of this decree. 27. Incorporation of Findings and Law. 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 forth in full. 28. Administration of Decree. The State Engineer, the Division Engineer, and/or the Water Commissioner shall not, at the request of appropriators, or on their own initiative, curtail Lindner/Aug Plan Appl/Pleadmgs/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean doe 12