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2010-03-16_REVISION - M1981185 (28)
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2010-03-16_REVISION - M1981185 (28)
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Last modified
6/15/2021 2:20:46 PM
Creation date
3/16/2010 3:54:37 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1981185
IBM Index Class Name
REVISION
Doc Date
3/16/2010
Doc Name
Amendment application (AM-01) part 3 Exhibit C part 2
From
Wildcat Mining Corporation
To
DRMS
Type & Sequence
AM1
Email Name
WHE
SSS
Media Type
D
Archive
No
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Attachment A Technical Revislon to the h <br /> <br />14. The appropriation of the IIAD surface water right proposed by Wildcat and approved <br />herein is contemplated and authorized by law and will not injuriously affect any owner of or <br />person entitled to utilize water under a vested water right or decreed conditional water right so <br />long as the 11VID is operated and administered in accordance with the terms of the Augmentation <br />Plan decreed hereunder. <br />15. The storage of water proposed by Wildcat and approved herein is contemplated and <br />authorized by law and will not injuriously affect any owner of or person entitled to utilize water <br />under a vested water right or decreed conditional water- right so long as the storage rights are <br />operated and administered in accordance with the terms of this decree. <br />16. The plan for augmentation proposed by Wildcat and approved herein is contemplated and <br />authorized by law and will not injuriously affect any owner of or person entitled to utilize writer <br />under a vested water right or decreed conditional water right so long as the Plan is operated and <br />administered in accordance with the terms of this decree. <br />JUDGMENT AND !DECREE <br />17. The foregoing Findings of Fact and Conclusions of Law are incorporated herein as if set <br />forth in full. <br />18. The Application for surface, water rights, storage water rights and plan for augmentation <br />is hereby granted and approved subject to the terms and conditions set forth herein. <br />19. Applicant agrees to install, maintain, and monitor such measuring devices as set forth. in <br />Paragraph 10(d) and as the State or Division Engineer.; deem necessary to administer the teens <br />and conditions of the decree herein. <br />20. The State Engineer shall curtail.all out-of-priority diversion, when depletions from same <br />would injure vested water rights and cannot be remediated by the operation of the augmentation <br />plan approved herein. <br />21. During any time when a call is placed by water rights on the La Plata River senior to the <br />IMD writer right, due to insufficient water in a reach of the stream downstream of Applicant's INID <br />diversion, Applicant shall replace all out-of-priority diversions in time, place and amount, or shall <br />curtail such out-of-priority diversions. <br />22. Determinations made herein are specific to this case and shall not affect determinations <br />made in other cases. <br />23. Pursuant to the provisions of C.R.S. § 37-92-304(6), the Court shall retain jurisdiction and <br />the decree hereunder is subject to reconsideration by the Water Judge on the question of injury to <br />vested water rights for a period of five (5) years from to date of the first operation of the plfn <br />for augmentation decreed hereunder. <br />0
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