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Application of Bowie Resources, Limited ° Case No. 99 CW 263 Ruling of Referee and Decree Page l3 Ponds. If such a demonstration is made, Applicant and the Forest Service shall jointly file notice thereof with the court, and upon such filing, the provisions of this Pazagaph 22.D. shall no longer be applicable. E. Change of Water Riehts. Applicant has requested that certain changes be made to the water rights identified in Pazagaph 21, above, to allow such water rights to be utilized in this plan for augmentation. The changes, as approved in this Ruling, are described in Pazagaph 32, below. F. Measuring Devices. Applicant shall install such measuring devices as may reasonably and legally be required by the Division Engineer to facilitate the operation of this plan for augmentation and to assure compliance herewith. G. Accountine. Water accounting and reporting sheets will be developed by the Applicant and submitted to and approved by the Division Engineer. Once approved, such accounting • andreportingsheetsshallbefilledoutandsubmittedtotheDivisionEngineerannuallybyNovember 15. I • H. No Iniurv. The above plan for augmentation and changes 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. CONCLUSIONS OF LAW 23. The Application herein is one contemplated by law, and this Court has jurisdiction over the subject matter of this proceeding. 24. Timely and adequate notice of the filing and of the contents of this Application was given as required by law, and this Court and the Referee have jurisdiction over all persons or entities affected hereby, whether they have appeared or not. 25. The Applicant has initiated valid appropriations of the water rights for which application has been made herein, as of the dates claimed in the Application. Water is available for appropriation under these priorities. With respect to the absolute water rights claimed, the waters have been diverted, stored, and/or otherwise captured, possessed, and controlled and have been applied to beneficial use. With respect to the conditional water rights claimed, water can and will be diverted, stored, and/or otherwise captured, possessed, and controlled and will be beneficially used, and the appropriations can and will be completed with diligence and within a reasonable time.