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17. The changes of water rights described in Paragraphs 8(A) and 8(B) of this decree are <br />contemplated by law and satisfy the requirements of C.R.S. § 37-92-101 et seq. <br />18. Operation of the plan for augmentation and change of use pursuant to the terms and <br />conditions decreed by this decree will not injuriously affect any owner of or person <br />entitled to use water under a vested water right or decreed conditional water right. C.R.S. <br />§ 37-92-305(3), (4), and (8). <br />19. The plan for augmentation provides replacement of out of priority depletions to the South <br />Platte River caused by the Pinneo Feedlot Wells in time, location, and amount if operated <br />under the terms and conditions of this decree. <br />20. The terms of this decree lawfully require state water administration officials to administer <br />this plan for augmentation and change of water rights in the manner set forth and prohibit <br />them to curtail ground water diversions from the Pinneo Feedlot Wells in times of <br />shortage, the out-of-priority depletions from which have been actually replaced to prevent <br />injury as contemplated by the provisions of this decree. The State Engineer shall curtail <br />all out-of-priority diversions, the depletions from which are not so replaced as to prevent <br />injury to vested water rights. C.R.S. § 37-92-305(8). <br />21. The conditional appropriative rights of exchange described in Paragraph 10(B)(2) are <br />lawful and satisfy all standards and burdens of proof required by law, including but not <br />limited to C.R.S. §§ 37-92-103(3)(a), -301(4)(b), -305(1), -305(5), and -305(9)(b). <br />22. The findings of fact, conclusions of law, judgment, and decree are the result of <br />negotiations between Pinneo and the Opposers in this matter. It is specifically <br />understood and agreed by Pinneo and the Opposers in this matter and concluded by the <br />court, that the acquiescence to a stipulated decree under the specific factual and legal <br />circumstances of this contested matter and upon the numerous compromises reached by <br />Pinneo and the Opposers in this matter shall not give rise to any argument, claim, <br />defense, or theory of acquiescence, waiver, bar, merger, stare decisis, res judicata, <br />estoppel, laches, or otherwise, in any other matter. Pinneo stipulates and agrees that it <br />does not intend the findings, conclusions, judgment and decree to have the effect of <br />precedent or preclusion on any factual or legal issue in any other proceeding. <br />JUDGMENT, AND DECREE <br />It is, therefore, ordered, adjudged, and decreed: <br />23. The Findings of Fact and Conclusions of Law set forth above are incorporated into this <br />Judgment and Decree by this reference and made a part of the Judgment and Decree of <br />the Court. <br />21 of 33