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<br />Case No. 91CW081 <br /> <br />23. The Applicant has appropriated the right of substitution and exchange whereby the <br />Applicant will replace depletions to the Colorado River caused by the operation of the <br />structures set forth in Paragraph 18, above, with water released from Ruedi Reservoir. <br />Under that exchange, the Applicant may divert through said structures as much as 24.47 <br />acre-feet per year. However, because of return flows occurring at the Applicant's <br />point(s) of diversion, net depletions to be compensated for by releases from Ruedi <br />Reservoir will not exceed 9.54 acre-feet per year. The date of appropriation of <br />Applicant's right of substitution and exchange pursuant to C.R.S. §37-80-120(2)(4) is <br />hereby confirmed to be June 7, 1991. <br />24. The plan for augmentation for the water requirements of the Applicant's Eastside Coal <br />Mine approved in this Decree, if properly implemented and administered in accordance <br />with the terms and conditions of this Decree, will fully replace all out-of-priority <br />depletions attributable to the use of the Eastside Well No. 1, the Eastside Mine Well and <br />the Eastside Spring & Seep. No injury will result to any vested or decreed conditional <br />water right of others as result of the Applicant's contemplated uses of the water described <br />in this Decree, so long as the terms and conditions set out in the decretal portion hereof <br />are complied with. <br />CONCLUSIONS OF LAW <br />25. This Court has jurisdiction over the subject matter of this proceeding and over all those <br />parties and entities standing to appear as parties, whether they have appeazed or not. <br />26. The application filed herein is proper and contains all information required by law. <br />27. It is concluded as a matter of law that the plan for augmentation proposed by the <br />Applicant and approved herein is one contemplated by law and, if implemented and <br />administered in accordance with the terms and conditions of this Decree, will permit the <br />use of the Eastside Well No. 1, the Eastside Mine Well and the Eastside Spring & Seep <br />without injury to the vested or conditional water rights of others. <br />JUDGMENT AND DECREE <br />.1T IS THEREFORE, ORDERED, ADJUDGED, AND DECREED THAT: <br />28. The Findings of Fact and Conclusions of Law set forth above aze incorporated into the <br />decretal portion hereof by this reference as though set forth in full. <br />C: \FlIFS\FAS'ISIDE 2DE <br />Mey 20, 1995 -6- <br />