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21. Timely and adequate notice of the Application was given in the manner <br />provided by statute. See C.R.S. § 37-92-302(2). <br />22. Applicant's claims for approval of a plan for augmentation and exchange <br />are in accordance with the law and should be granted subject to the terms and <br />conditions of this Ruling and Decree. See C.R.S. §§ 37-92-302 and 37-92-305. No <br />injury to other water rights will occur as a result of the exercise of the requested plan of <br />augmentation and exchange in accordance with the terms and conditions of this Ruling <br />and Decree. See C.R.S. § 37-92-305(3). <br />IV. DECREE OF THE COURT <br />The Application is hereby granted, subject to the terms and conditions set forth in <br />this Ruling and Decree. <br />23. The plan for augmentation described herein is hereby approved, subject to <br />the provisions of this Ruling and Decree. <br />24. The appropriative right of exchange described herein is hereby approved, <br />subject to the provisions of this Ruling and Decree. This appropriative right of exchange <br />will operate under a priority date of December 27, 2007. The total exchange shall not <br />exceed 4.32 acre-feet. Furthermore, the exchange decreed herein shall not operate to <br />the extent it is not in priority, and shall be limited to the exchange capacity available <br />within the reach of the exchange at the time the exchange is in operation. <br />25. The terms and conditions of this Ruling and Decree are adequate to <br />assure that no material injury to any water rights will result from the exercise of the plan <br />for augmentation and exchange approved as set forth herein. <br />26. The plan for augmentation approved herein is sufficient to permit the <br />continuation of diversions when curtailment would otherwise be required to meet a valid <br />senior call for water, to the extent that the Applicant shall provide replacement water <br />necessary to meet the lawful requirements of a senior diverter at the time and location <br />and to the extent the senior would be deprived of his or her lawful entitlement by the <br />Applicant's diversion. <br />27. The plan for augmentation approved herein provides for the augmentation <br />of those out of priority depletions associated with withdrawals under the Dawson Gulch <br />Spring Pond water right and evaporation from the Dawson Gulch Spring Pond, <br />whenever and to the extent that such out of priority diversions and storage occur. <br />28. The estimated augmentation requirement of 4.32 acre feet annually and <br />the monthly distributions and calculations set forth in Table No. 4 are appropriate and <br />reasonable, and are hereby approved. If at any time when there is a valid senior call <br />and to the extent that replacement water under the Water Supply Contract is <br />11