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<br />Decree of the Water Court <br />Case No. 03CW8, Water Div. 2 <br />Transit Mix of Pueblo, Inc., et al. <br />Page 15 <br />conditionally decreed water rights. Applicants have provided sufficient evidence that no such injury <br />will occur. <br />37. The plan for augmentation requested herein meets all statutory criteria for such <br />plans including, inter alia, C.R.S. 37-92-103(9), 37-92-302(1) and (2), and 37-92-303(5), (5) and <br />(8). <br />JUDGMENT AND DECREE <br />38. The foregoing finding of fact and conclusions of law are incorporated herein by this <br />reference. <br />39. The use of Applicants' 1.03 cfs of Priority 27, 0.29 cfs of Priority 36 and 1.0 cfs of <br />Priority 59 of the Hamp-Bell Ditch water rights is hereby changed from irrigation uses to commercial <br />and augmentation uses. Applicants may use and reuse to extinction the consumptive use credits <br />associated with such water rights. <br />40. Operation of the augmentation plan described in part V of the Findings of Fact will <br />not cause injury to vested water rights if implemented as described, and is therefore approved. <br />Pursuant to C.R.S. 37-92-305(8), the State Engineer shall curtail all out-of-priority depletions <br />caused by the Chain of Lakes which are not so replaced as to prevent injury to vested water rights. <br />41. Applicants shall calculate and report as required by the Division Engineer, but no <br />less frequently than monthly, the consumptive use credits available under the Hamp-Bell Ditch <br />rights, the replacement of depletions caused by evaporation from the Chain of Lakes, and any <br />y other information that may be reasonably be required by the Division Engineer. <br />42. If Applicants, or their successor, obtains the right by a decree in a separate <br />proceeding to store the Hamp-Bell Ditch consumptive use credits in Pueblo Reservoir or some <br />15003 h/transit mix/decree 02-22-09