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<br />Case No. 91CW081 <br />`~ <br />29. The Applicant's plan for augmentation for the water requirements of the Eastside Coa] <br />Mine is hereby approved, subject to the terms and conditions herein. <br />30. The State Engineer, the Division Engineer, and the Water Commissioner shall administer <br />this plan for augmentation in accordance with the conditions which follow. As long as <br />the operation of this plan for augmentation is in compliance with said conditions, they <br />shall not curtail the diversion and use of water through the Eastside Well No. 1, the <br />Eastside Mine Well and the Eastside Spring & Seep or any supplemental or replacement <br />well which is in accordance with this plan. As provided by C.R.S. §37-92-305(8), in <br />the event that the App]icant is ever unable to provide the Ruedi Reservoir replacement <br />water required under this Decree, the Eastside Well No. 1, the Eastside Mine Well and <br />the Eastside Spring & Seep, or any supplemental or replacement wells, shall not be <br />entitled to operate under the protection of this plan and shall be subject to administration <br />and curtailment in accordance with the priority system. <br />31. The Applicant will install and maintain such measuring devices as may be required to <br />facilitate the administration of this plan for augmentation decreed herein. The Applicant <br />shall provide the Division Engineer with such information as he may request which is <br />reasonable necessary for the purposes of the administration of this Decree. <br />32. The Applicant shall obtain a well permit prior to construction and/or utilization of the <br />Eastside Well No. I and the Eastside Mine Well. <br />33. The Applicant is granted the right to divert 30 g.p.m. from Eastside Well No. 1, 30 <br />g.p.m. from the Eastside Mine Well and 12 g.p.m. from the Eastside Spring & Seep. <br />34. The practice of substitution and exchange whereby the Applicant will replace depletions <br />to the Colorado River from the use of Eastside Well No. 1, Eastside Mine Well and the <br />Eastside Spring & Seep with water released from Ruedi Reservoir is hereby confirmed <br />and approved in the amount set forth in Paragraph 23 ,with an appropriation date of <br />June 7, 1991. <br />35. This Court shall retain jurisdiction to reconsider the question of injury to the vested or <br />decreed conditional water rights of others by operation. of this Decree for a period of <br />three (3) years from the date of issuance of this Decree as set forth below. <br />36. A copy of this Judgment and Decree shall be filed with the appropriate Division and <br />State Engineer. <br />C: \r11FS\EAS7SID E.2 DE <br />May 20, 1997 -7- <br />