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Range 80 West of the 6th P.M., at a point approximately 180 feet south of the <br />north section line and 1,990 feet west of the east section line. <br />b. Upstream terminus: Dawson Gulch Spring Pond, described in <br />Paragraph 5 above. <br />C. Maximum rate of exchange: Not to exceed 0.1 cubic feet per <br />second. <br />d. Date of appropriation: December 31, 2007. <br />e. How appropriation was initiated: Filing of the Application. <br />f. Notice: Applicant shall give written notice to the Division Engineer <br />prior to operating the exchange. <br />g. Operation: The plan will operate by exchange. The exchange may <br />not operate from time to time due to a call within the reach of the exchange, <br />including a call from instream flow water rights. Should the exchange be out-of- <br />priority, the plan will not be operational and any out-of-priority diversions <br />augmented by the plan will be curtailed. <br />h. Transit losses: The transit losses associated with replacement <br />releases in this decree are only for the purposes of establishing that the plan can <br />operated and may be sufficient to prevent injury. Actual transit losses will be <br />determined and assessed at the time releases are made and may be modified <br />per C.R.S. §§ 37-80-102(7) and 37-83-104 as determined necessary by the <br />Division Engineer. <br />1. lniury to vested water rights: Pursuant to C.R.S. § 37-92-305(8), <br />the State Engineer shall curtail all out-of-priority diversions, the depletions from <br />which are not so replaced as to prevent injury to vested water rights. <br />j. Applicant's augmentation plan is sufficient to permit the <br />continuation of diversions, when curtailment would otherwise be required to meet <br />a valid senior call for water, to the extent that the Applicant shall provide <br />replacement water necessary to meet the lawful requirements of a senior diverter <br />at the time and location and to the extent the senior would be deprived of his or <br />her lawful entitlement by Applicant's diversion. <br />III. CONCLUSIONS OF LAW <br />20. The Water Court has exclusive jurisdiction over the subject matter of this <br />proceeding and over all persons or entities affected hereby, whether they have <br />appeared or not. See C.R.S. §§ 37-92-203 and 37-92-302. <br />10