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h. Clarifyinthe Original Decree to al~w for out-of- <br />priority diversions of water from the storage rights, so long as <br />such diversions to storage are augmented pursuant to this plan. <br />i. Clarifying the Original Decree to provide that water <br />from the Underground Rights, Storage Rights, and Ditch Rights, or <br />any combination of the above may be used directly in the mine or <br />for any of the other decreed uses. <br />j. Specifically determining that applicant may incorporate <br />new sources of mine water within the Foidel Creek Mine boundary <br />into this plan for augmentation as additional Underground Rights <br />without the necessity of amending, republishing, or reopening <br />this action or otherwise provide notice of use of such additional <br />sources of water, so long as accurate accounting for such water <br />is maintained. <br />k. Specifically determining that the measures requested in <br />the plan for augmentation, including exchange, will not <br />injuriously affect the owner or persons entitled to use water <br />under a vested water right or decreed conditional water right; <br />1. Approving diversion of water by applicant pursuant to <br />the plan for augmentation, including exchange, during times of <br />calls by senior appropriators on Trout Creek, or the Yampa River, <br />so long as the net depletions to Trout Creek, during such time <br />are fully compensated for by compliance with the provisions of <br />this plan; <br />m. Specifically determining that sufficient replacement <br />water is available from the sources described herein and that <br />said water may be used as required to compensate the Trout Creek <br />stream system and its tributaries for out-of-priority depletions; <br />n. Approving the exchanges requested as part of the plan <br />for augmentation with the appropriation date of August 08, 1990. <br /> <br />-16- <br />