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Case Nos. 05CW278 and 06CW12 (Consolidated) <br />Applicant: Flag Resources, Inc. <br />Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court <br />Page 8 <br />Applications and over all persons or entities who had standing to appear, even though <br />they did not do so. <br />3. The Applications are complete, covering all applicable matters required <br />pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ <br />37-92-101 through -602. <br />4. The Court has given due consideration to the Division Engineer's <br />Summaries of Consultation dated October 4, 2004 (Casc No. 05CW278) and November <br />3, 2006 (Case No. 06CW12). See C.R.S. § 37-92-302(4). This Decree addresses the <br />matters raised in the Summary of Consultation. <br />5. Applicant has fulfilled all legal requirements for a decree for the <br />requested water rights, including C.R.S. §§ 37-92-302 and 37-92-305. <br />6. Applicant has fulfilled all legal requirements for a decree for the <br />requested plan for augmentation, including C.R.S. §§ 37-92-302 and 37-92-305. <br />7. Pursuant to C.R.S. § 37-92-305(8), the plan for augmentation is sufficient <br />to permit the continuation of diversions when curtailment would otherwise be required <br />to meet a valid senior call for water, because the Applicant will provide adequate <br />replacement water necessary to meet the lawful requirements of a senior diverter at the <br />time and location and to the extent that the senior would be deprived of his or her <br />lawful entitlement by the Applicant's diversion. <br />8. 1f operated in accordance with <br />plan for augmentation described herein will <br />conditional water rights. <br />the terms and conditions of this decree, the <br />prevent injury to senior vested or decreed <br />9. The subject Applications are in accordance with Colorado law. Applicant <br />has ful tilled all legal requirements for entry of a decree in this case. <br />III. JUDGMENT AND DECREE <br />The foregoing findings of fact and conclusions of law are fully <br />incorporated herein. <br />2. The Court hereby confirms and decrees water rights for the Gravel Pit <br />Well and the Flag Resources Well, as more fully described herein. <br />3. The Court hereby orders the State Engineer to issue any required well <br />permits for the Gravel Pit Well and Flag Resources Well upon application to the State <br />Engineer pursuant to this Decree and C.R.S. 137-90-137(2). In considering any well