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• necessary to meet the lawful requirements of a senior diverter at <br />. the time and location and to the extent the senior would be <br />deprived of his lawful entitlement by the applicant's diversions, <br />pursuant to Colo. Rev. Stat. § 37-92-305(8) (1990). <br />18. The water to be provided for augmentation is of a <br />quality and quantity so as to meet the requirements for which the <br />water has been used by senior downstream appropriators. <br />JUDGMENT AND DECREE <br />IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: <br />19. The foregoing Findings of Fact and Conclusions of Law <br />aTe f+.illy incorporated herein. <br />20. The application for approval of an amendment to the <br />decreed in case No. W-1502-78 plan for augmentation is granted. <br />21. The original Findings of Fact, Conclusions of Law and <br />Decree entered by this Court on July 10, 1981 in Case <br />No. W-1502-78 is incorporated herein by reference, except to the <br />extent modified herein. <br />22. The lists and descriptions of Underground Rights, Ditch <br />Rights, and Storage Rights in the Original Decree are modified as <br />described in paragraphs 5, 6, and 7 above. <br />23. The amounts of historical consumptive use for the water <br />rights described in paragraph 6 above are changed to storage for <br />later year-round use in mining, reclamation, irrigation, <br />electrical generation, fish propagation, and all other beneficial <br />uses, in accordance with paragraph 14.A of the Original Decree. <br />It is intended by Applicant, however, that all such uses of the <br />water rights described in paragraph 6 above will be in connection <br />with mining operations or in facilities located on mine property. <br />24. The water rights described in paragraph 5 above can be <br />used as alternate points of diversion for the Ditch Rights, in <br />accordance with paragraph 14.5 of the Original Decree. <br />25. The Ditch Rights can be stored in any or all of the <br />Storage Rights, in accordance with paragraphs 14 and 14.D of the <br />original Decree. <br />26. The Original Decree is clarified to include approval of <br />applicant's right to provide for the replacement of depletions <br />caused by out-of-priority diversions from the Underground Rights <br />with releases of water from the Storage Rights. <br />-19- <br />