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24. The changes of water rights described in Paragraphs 8(A) and 8(B) will not injuriously <br />affect the owner of or persons entitled to use water under a vested water right or a <br />decreed conditional water right and are approved, subject to the terms and conditions set <br />forth in this decree, including without limitation Paragraphs 10(A)(2) through 10(A)(3) <br />and 28(C). <br />25. The plan for augmentation will not cause injury to any owner of or persons entitled to use <br />water under a vested water right or a decreed conditional water right and is approved, <br />subject to the terms and conditions set forth in this decree, including without limitation <br />Paragraphs 9(A)(3) through 9(A)(5) and 10(A)(1) through 10(A)(4). <br />26. The appropriative rights of exchange are approved, subject to the terms and conditions set <br />forth in this decree, including without limitation Paragraph 10(B)(2). <br />27. Determination of Out-of-Priority Depletions: <br />A. Headley Recharge Project Depletions: Pinneo will continue to calculate depletions <br />associated with the operations under the Headley Recharge Project in accordance <br />with the terms and conditions of the decree entered in Case No. 90CW 189, except as <br />follows: <br />1) Gravel Pit Nos. 1 and 2, as described in that decree, were subsequently combined <br />into one single pit. Therefore, the SDF value that will be used in accounting for <br />depletions associated with the combined Gravel Pit will be the average of the <br />original two SDF values for Gravel Pits Nos. 1 & 2, or 208 days. As adjusted, <br />ongoing and post-pumping depletions under the Headley Recharge Project will <br />thus continue to be calculated based on the following SDFs: <br />Headley Well No. 3993-F: 691 days <br />Headley Well No. 5709-F: 555 days <br />Headley Well No. 10794-F: 211 days <br />(Headley) Gravel Pit Nos. 1 & 2: 208 days <br />2) Because there is no longer any exposed ground water in Gravel Pit No. 4a and <br />historical records show no lagged depletions therefrom, Pinneo will not be <br />required to measure surface acreage for that pit. <br />3) Unless and until Pinneo reconnects a power source and installs a pump on any of <br />the three Headley Wells, future meter readings for these wells will be <br />unnecessary. <br />B. Pinneo Feedlot Well Depletions: Pinneo will read the meters associated with each of <br />the Pinneo Feedlot Wells on the 1St calendar day of each month. One hundred percent <br />(100%) of the recorded water use will then be lagged to determine stream depletions <br />using the SDF factors listed in Paragraph 9(A)(4)(f). <br />22 of 33