HYDRO22898

• Permit No: C1982056
• IBM Index Class Name: Hydrology
• Doc Date: 10/27/1992
• Doc Name: FINDINGS OF FACT CONCLUSIONS OF LAW JUDGEMENT AND DECREE
• Permit Index Doc Type: CORRESPONDENCE
• Media Type: D
• Archive: No

13. Termination of Augmentation Plan.

Upon the completion of mining and the provision of
augmentation water to offset post-mining depletive effects as
described in paragraph 12 above, applicant has requested that it
be allowed to elect to terminate this plan with the approval of
the Division Engineer. Applicant will provide notice to the
Court, the Division Engineer, and all parties to this action that
out-of priority diversions and any post-mining depletive effects
have terminated, and that the plan for augmentation is no longer
in operation. Unless objection is made by the Division within 30
days of the receipt of such notice upon the basis that post-
mining depletive effects have not yet been fully compensated, the
augmentation plan shall terminate.
CONCLUSIONS OF LAW
14. This Court has jurisdiction over the subject matter of
this action and can approve Applicant's proposed amendment to the
plan for augmentation approved in Case No. w-1502-78 pursuant to
Colo. Rev. Stat. §§ 37-92-203(a) and 37-92-302 to -305 (1990).
The procedures of those sections have been complied with.
15. The plan for augmentation with rights of exchange as
proposed by applicant are contemplated by law. If implemented
and administered in accordance with the terms and conditions in
this decree, the plan for augmentation and rights of exchange
will permit the depletions associated with the diversions of
water by appl°_cant to be replaced without injuriously affecting
the owners of or persons entitled to use water under a vested
water right or decreed conditional right. The plan for
augmentation described in this decree lawfully may be decreed by
this Court.
16. The State Engineer and Division Engineer lawfully may
be required under the terms of this decree to: (1) administer
tie plan for augmentation in the manner set forth herein; (b)
refrain from curtailing out-of-priority diversions of applicant's
augmented water rights when the depletions are offset by the
operations of the plan for augmentation approved herein; (c)
curtail out-of-priority diversions by the applicant's augmented
water rights at any time when the depletions associated with
applicant's diversions of water as approved herein exceeds the
net amount of replacement water available under the plan for
augmentation.
17. The proposed plan for augmentation is sufficient to
permit the continuation of diversions when curtailment would
otherwise be required to meet a valid senior call for water
because applicant will provide adequate replacement water
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