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--- ~ - -, <br />The final determination of the quantity of water which will be pumped from the Gosney <br />Altemate Pump Station for augmentation will be made by the DWR. The required <br />amount of water will be returned to the Pine River above the headgate of the Spring <br />Creek Canal through a metered pipeline from Gosney Pit #1. <br />CONCLUSIONS OF LAW <br />6. The Division Engineer is lawfully required to administer diversions under the <br />Water Right which is the subject of this Decree pursuant to Colorado law. <br />7. This Court has jurisdiction over these proceedings and over all persons and water <br />rights affected thereby, whether they have appeared or not. <br />8. Full and adequate notice of these proceedings and the matters adjudicated herein <br />has been given in the manner required by law. <br />9. Applicant has met all burdens of proof and complied with all standards applicable <br />to the water right requested herein. <br />IT IS, THEREFORE, ADJUDGED AND DECREED that: <br />10. The provisions of paragraphs 1 - 9 above are incorporated herein. <br />11. The aforementioned change of water rights described in Paragraph 4 above and <br />the Plan for Augmentation-described in Paragraph 5-above are-.approved, subject to the <br />following conditions: <br />a. APPLICANT SHALL COMPLY WITH ORDERS OF THE STATE OR <br />DIVISION ENGINEER TO INSTALL NECESSARY MEASURING DEVICES, AND <br />SHALL KEEP RECORDS AND MAKE REPORTS AS REASONABLY REQUESTED <br />BY THE STATE OR DIVISION ENGINEER. <br />b. The Division Engineer shall administer the delivery of water from the <br />Gosney Alternate Pump Station through Pit #1 to the Pine River to augment the <br />evaporation loss from up to 28.39 acres of pond surface area and depletions from the <br />water used in Applicant's gravel plant operations. <br />c. Applicant shall furnish information to the Division on the forms attached <br />hereto as Exhibit B weekly, or as frequently as requested by the Division, to enable the <br />amount of the evaporation loss and depletions from the water used in Applicant's gravel <br />plant operation to be accurately determined and augmentation water timely released. <br />After entry of this decree Applicant shall amend the Well Permit or make application for <br />a new well permit with provisions consistent with this decree. <br />4 <br />