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09-20-10;03:05PM; ;970-498-5678 # 12/ 32 <br />..... ..................... ..._..._........_..... <br />property and shall be binding upon the Applicant and its <br />successors or assigns. <br />IT IS CONCLUDED AS A MA'T'TER OF LAW THAT: <br />17. The plan for augmentation proposed by Applicant is one <br />contemplated and authorized by law, and if administered in <br />accordance with this decree, will permit the uninterrupted <br />utilization of Applicant's water sights without adversely <br />affecting any other vested water right rights in the south Platte <br />River or its tributaries. Accordingly, it is in compliance with <br />§37-92-305(3), (5), (8), and §37--80-120. <br />18. The State engineer may lawfully be required to <br />administer this plan for augmentation in the manner set forth <br />herein, and in time of shortage, shall not curtail out-of- <br />priority diversions through the diversion facility set forth <br />above, the depletions from which are compensated by operation of <br />the plan. <br />19- As a result of the operation of the plan for <br />augmentation set forth herein, there is water available for <br />evaporation and dust suppression in the gravel pit mining on the <br />subject property applied for by Applicant, and the use of the <br />same in conjunction with this augmentation plan will not result <br />in material injury of the vested water rights of others. <br />NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED <br />AS FOLLOWS: <br />20. The plan for augmentation proposed by Applicant is <br />approved. <br />21. The four shares of Boxelder Irrigation Company <br />identified in paragraph 8(a) are decreed for augmentation, gravel <br />washing, and dust suppression with the date of appropriation <br />being May 14, 1990 for augmentation purposes under this plan for <br />augmentation. <br />The 100 acre feet of Windy Gap water identify-ed in <br />paragraph 8(b) are decreed for augmentation, replacement, <br />piscatorial, recreation, industrial, fire protection, and supply, <br />with the data of appropriation being May 14, 1990 for <br />augmentation purposes under this plan for augmentation.. <br />22. All of the foregoing Findings and Conclusions are <br />thougheseto be t outcinsfull- apart <br />of the odecretal hereint and <br />of <br />11