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Attathment A, Technical Revision to th M ay Day We Permit, September 12 2009 <br />{ <br />14. The appropriation of the LMD 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 ti €;ht or decreed conditional water rgghi so <br />long as the LMD is operated and administered In accordance with the germs of the Augmentation <br />Plan decreed hereunder. <br />15. The storttgc of waterproposed by Wildcat and approved herein is contemplated and <br />authorized bylaw and will not injuriously affect any owner of or person entitlod•to utilize water <br />under a vested water right or decreed conditional water night so long as tho storage rights are <br />operated and administered in accordance with the terns of this decree, <br />16. The plan for augmentation proposed by Wildcat And approvcd herein is contemplated and <br />authorized by law and will not injuriously afteet any owner of or person entitled to utilize wt ter <br />under a vested water right or decreed conditional water right so long'as tho Plan is operated and <br />administered in accordance with the terms of this demx, <br />JUDGMI✓NT AND DECREE <br />17, The foregoingl~indings or pact and Concluslorts of Law are incorporated herein as if set <br />forth in full. <br />18. The Application for surface,watcr 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 measurin devices as set forth i <br />Paragraph 10(d) and as the State orDivision Engineer, deem necessary o administer the terms <br />• and conditions of the decree herein, <br />20, The State Engineer shall curtail out -of- priority diversion, when depletions from some <br />would injuro vested water rights and cannot be remedlated by the operation of the augmentation <br />plan approved hereln. <br />21. During any time when a cal I is placed by water rights on the La Plata River senior to then <br />1MD water right, due to insufficient water in a reach of the stream downstream of Applicant's ]PAID <br />diversion, Applicant shall replace all out -of Priority diversions ill 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 detcmn nations <br />made in other cases. <br />23. Pursuant to the of C.l2.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 :he date of the first operation of the plfn <br />foraugmentation decreed hereunder, <br />