2019-07-01_INSPECTION - M2001022

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Case No. 09CW105 Findings of Fact, Conclusions of Law, Judgment and Decree Page 26 of 28 51. No injury: This plan for augmentation will not injuriously affect the owner of or persons entitled to use water under any vested water right or decreed conditional water right. CRS §37-92-305(3). 52. Substitute water: The substituted water shall be of a quality and quantity so as to meet the requirements for which the water of senior appropriators has normally been used, and such substituted water shall be accepted by senior appropriators in substitution for water derived by the exercise of their decreed rights pursuant to CRS §37-92-305(5). 53. The change of water right described above will not result in any material injurious affect to the owner or user of any vested water right or decreed conditional water right. 54. Loveland Ready Mix has completed the "first step" necessary to initiate the claimed conditional water rights, has been reasonably diligent since the priority date awarded, and has met all other requirements. The "first step" requires formation of the intent to appropriate, and overt acts that manifest the necessary intent, demonstrate the taking of a substantial step toward application of the water to beneficial use, and provide notice to others of the nature and extent of the claimed appropriation. City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. 1992). Loveland Ready Mix is thus entitled to the claimed conditional water rights with the priority dates set forth herein. 55. Loveland Ready Mix has established that the claimed conditional water rights, which are the subject of this decree, can be and will be diverted, stored, captured, possessed, and controlled and will be beneficially used and that the subject water rights can and will be completed with diligence and within a reasonable time pursuant to CRS §37- 92-305(9)(b). JUDGMENT AND DECREE 56. The Findings of Fact and Conclusions of Law set forth above are hereby incorporated into the terms of this Judgment and Decree as if the same were fully set forth i herein. 57. The change of water rights for the 3 Hillsborough Shares is approved, subject to all terms and conditions herein. 1 58. The conditional water rights are confirmed and decreed. 59. The plan for augmentation is approved and decreed. 60. Pursuant to CRS §37-92-305(8), the State Engineer shall curtail all out of priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. i