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Feb-03-2064 OI:45pa Fran- T-TAB P.023/02a f-632 District Court, Water Dlv. 3, Colorado Case No. 02CW211; Ruling of the Referee aM Decree of the Coutt Lafarge Went, Inc: Page 21 of 23 The Applicant shall install flow measuring devices at each of the Schmidt Gypsum Ranch Springs described in paragraph 8 above in order to claim diversions under those water rights at the Gypstun Ranch Eagle River Pump sad Gypsum Ranch Well. Applicant may only u~ertake diversions under the original priority at the alternate points of diversion stated in paragraph 8 above.when water is legally sad physically available at the original point of diversion. The: change of water right for the Schmidt Gypsum Ranch Springs No. 5, 6, 7 and 8, as more fully dexribed in paragraph 8 above, ie hereby approved, subject to retained jurisdiction as provided herein. Such retairted jurisdiction shall extend to consideration of the implem~tation of the change bf water rights but not to the historical tree of the changed rights. Farmer's Reservoir & Irrigptron Co. v. Consolidated Mutual Water Co., 33 P.3d 799 (Coto. 2001). 16. Plan for Augtnentatlon Approved. The plea for augmentation described above is hereby approved. A. The proposed plan for turgntematioa meets the statutory criteria for a plan for augmentation set forth in C.R.S. ¢ 37-92-103(9), -302(1) & (2), -305(3), (5) and (g) as one contemplated by law. The augmenuation (substitute) water provided by the plan will be of a quality and quantity so as to meet the requirements For which the water of senior appropriations has normally bas used. If operated is accortltulce with the terms and conditions of this Ruling, the use of water from the Gypsum Ranch Eagle River Pttmp, Gypsum Ranch Well and the Schmidt Gypsum Ranch Spriggs No. S, 6, 7 and B will not injwiously afftct the owner of or persons entided to use water under a vested water right or decreaf co~itional water right. B. Applicant has provided the Court proof of its signed Water Sugply Contracts wilt the River District for the amount of augmentation water required in the plea for augmentation approved herein. To the extent mat exercise of the rights sought herein dcptu-da upon use of storage water as an augmentation source by contract with the River District, such rights shall not be exercised should that storage augmentation water not be available for Agpltcant's use. C, Pursuant to C.R.S. ¢ 37-92-305(8), the State and Division Engineers shall curtail all out-of-priority diversions under the augmentation plan, the depletions from which are not t+eplaced so as to prevent injury to vested water rights. 17. Well Permits. A welt permit shall be issued by the Office of the State Engineer, Division of Water Resources, for the Gypsum Ranch Well, pursuant to C.R.S. ¢ 37-90-137(2}, and the plan for augmentation approved herein. L1tODrICINeIgGFU~1{-GypumV~W hqua2CW3! I~Aalpg•PIH~4~p!