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to meet the requirements for which the water of senior appropriators has <br />normally been used, and such substituted water shall be accepted by the <br />senior appropriators in substitution for water derived by the exercise of the <br />senior appropriators' decreed rights. <br />d) Amount (exchange rate): 10 c.f.s. conditional. <br />e) Appropriation Date: August 1, 2006. <br />f) Use: Augmentation and replacement purposes. <br />Alternatively, Pinneo may lease or otherwise dispose of any surplus recharge <br />credits generated in excess of the augmentation and replacement <br />requirements of this Decree, provided that any lease of such surplus recharge <br />credits shall not be for a period in excess of one (1) year, and shall only <br />allow use under substitute water supply plans approved pursuant to C.R.S. §§ <br />37-92-308 and 37-92-309 or successor statutes, or decreed plans for <br />augmentation, and provided that if such surplus recharge credits are used by <br />other water users in five (5) separate years, such water users shall be required <br />to apply for and obtain from the Court a decree or decrees authorizing <br />continued use of such surplus recharge credits. <br />CONCLUSIONS OF LAW <br />11. The foregoing Findings of Fact are incorporated into these Conclusions of Law to the <br />extent they constitute conclusions of law. <br />12. This Court has jurisdiction over the subject matter of this proceeding and over all who <br />may be affected hereby, whether they have chosen to appear or not. C.R.S. §§ 37-92-203 <br />and 37-92-302. <br />13. Publication in the Fort Morgan Times, a newspaper of general circulation in Morgan <br />County, Colorado was proper. The Court has jurisdiction over the subject matter of these <br />proceedings and over all parties affected hereby, whether or not they have appeared. <br />Timely and adequate notice of the pendency of this proceeding was given in every county <br />affected in the manner required by law. C.R.S. § 37-92-302(3), -302(3)(b). <br />14. Pinneo has met its burden of proof and is therefore entitled to a decree approving the plan <br />for augmentation, including appropriative right of exchange, and changes of water rights. <br />15. The plan for augmentation described in Paragraph 10 of this decree is contemplated by <br />law and satisfies the requirements of C.R.S. §§ 37-92-101 et seq. <br />16. The plan for augmentation described in Paragraph 10 of this decree shall not require the <br />replacement of out-of-priority depletions currently affecting the river caused by pumping <br />that occurred prior to March 15, 1974. C.R.S. § 37-92-305(8)(b). <br />20 of 33