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Findings of Fact,Conclusions of Law,Ruling of the Referee and Decree of the Water Court Thomas F.and Ginger L.Latham 23CW3022 Page 7 16. The above underground water right, plan for augmentation,and change of water rights will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 17. The Applicants should be awarded the relief requested in the Application. CONCLUSIONS OF LAW 18. To the extent they constitute legal conclusions, the foregoing Findings of Fact are incorporated herein. 19. The Application herein is one contemplated by law, and this Court has jurisdiction over the subject matter of this proceeding. 20. Timely and adequate notice of the filing and of the contents of the Application was given as required by law, and this Court has jurisdiction over all persons or entities affected hereby, whether they have appeared or not. 21. The Application is complete,covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969. C.R.S. §§ 37-92-101-602. 19. The Applicants have initiated a valid appropriation of the underground water right for which application has been made herein, as of the date claimed in the Application. Water is available for appropriation under this priority. 20. The water which collects in the DeBeque Gravel Pit, First Enlargement also referred to herein as the Pond. is not in storage, as defined in C.R.S. § 37-92-103(10.5) and in the administration of the water right granted pursuant to this Application, statutes and other law relating to the storage of water, including without limitation C.R.S. § 37-92-502(3) shall not be applicable. 21. The plan for augmentation described above meets the statutory criteria for a plan for augmentation as set forth in C.R.S. §§ 37 92-103(9), -302(1). and -305(8) and other applicable statutes,and is one contemplated by law. If the plan for augmentation is operated and administered in accordance with the conditions hereof, such plan will not cause material injury to any owner of or persons entitled to use eater under a vested eater right or decreed conditional water right. 22. The change of water rights described above, meets the statutory criteria for changing water rights, as set forth in C.R.S. §§ 37-92-103(5), -302(1), and -305 and other applicable statutes. and is one contemplated by law. The requested change of water right will not cause material injury to any owner of or persons entitled to use water under a vested water right or decreed conditional water right.