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Findings of Fact,Conclusions of Law,Ruling of the Referee and Decree of the Water Court <br /> Thomas F.and Ginger L.Latham <br /> 23CW3022 <br /> Page 9 <br /> 30. The Division Engineer for Water Division No. 5 must approve the Applicant's accounting <br /> forms before Applicant's operations approved in this Decree may proceed. The accounting forms <br /> may be changed from time to time so long as all information required by the decree in this case is <br /> included in the accounting forms. The Division Engineer must approve any changes to the <br /> accounting forms. <br /> 31. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority <br /> diversions,the depletions from which are not so replaced as to prevent injury to vested water rights. <br /> 32. The assumptions used for evaporative losses in this decree are only for the purposes of <br /> establishing that the plan can operate and may be sufficient to prevent injury. The application <br /> reduces evaporation during months that are assumed to be ice-covered. However, when there is <br /> a valid senior downstream call, Applicant must replace the evaporation depletions that occur <br /> from the water surface during the assumed ice-covered period for any time in which the ponds <br /> are not completely covered in ice or curtail diversions into the pond during the assumed ice- <br /> covered period for any time that the ponds are not completely covered in ice. <br /> 33. This Ruling shall be filed with the Water Clerk subject to judicial review. A copy of this <br /> Ruling shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. <br /> Dated this l lth day of October, 2023. <br /> BY THE REFEREE: <br /> Holly K. Strablizkv, Water Referee <br /> Water Diy ision No. 5, State of Colorado <br />