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<br />14. The appropriation of the IMD 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 ri€;ht or decreed conditional water right so <br />long as the IMD 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 Wildc«t and approved herein is contemplated and <br />authorized by law and will not injuriously affect any owner of or person entitled to utilize wz.ter <br />under a vested water ri ght 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 Engineers deem necessary to administer the terms <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 lights on the La Plata River senior to the: <br />IMD water right, due to insufficient water in a reach of the stream downstream of Applicant's RAD <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 -.he date of the first operation of the pl,,n <br />for augmentation decreed hereunder. <br />8