2012-11-02_REVISION - M1984094 (3)

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Case No. 2002CW389 Page 2 of 28 The Upper South Platte District and the Center District are collectively referred to as the Applicants or the Districts. 2. Application, Notice and Jurisdiction. The Application was filed with the Water Clerk, Water Division No. 1, on December 31, 2002. Timely and adequate notice of the Application was given in the manner required by law. The Court has jurisdiction over the subject matter of this proceeding and over all persons who have standing to appear as parties, whether they have appeared or not. 3. Statements of Opposition. Timely statements of opposition were filed by Farmers Reservoir and Irrigation Company ( "FRICO "), City of Englewood, Phyllis Coulson, City of Aurora, Kenosha Trout Club, City and County of Denver acting by and through its Board of Water Commissioners ( "Denver "), Ducommun Business Trust, Mountain Mutual Reservoir Company, Centennial Water and Sanitation District ( "Centennial "), Colorado Water Conservation Board ( "CWCB "), State and Division Engineers, Town of Fairplay and City of Thornton. No person or entity sought to intervene. The time for filing statements of opposition and motions to intervene has expired. 4. Stipulations and Settlements. Stipulations were entered into between the Applicants and the Objectors as follows: A. Mountain Mutual Reservoir Company - 8/18/2006 B. City of Thornton - 10/6/2006 C. Kenosha Trout Club - 1/30/2007 D. City of Aurora - 4/12 /2007 E. City of Englewood - 8/23/2007 F. City and County of Denver - 12/19/2007 G. Phyllis Coulson - 12/19/2007 H. Ducommun Business Trust - 2/11/2008 I. FRICO - 4/08/2008 J. Town of Fairplay - 4/09/2008 K. Centennial Water and Sanitation District - 4/16/2008 L. Colorado Water Conservation Board - 4/16/2008 M. State and Division Engineers - 4/16/2008 PLAN FOR AUGMENTATION 5. Plan of Augmentation. The Districts will augment all consumptive use depletions of participants in the Districts' plan for augmentation, including but not limited to wells, pipelines, ponds, pumps and springs diverting tributary water for irrigation, stock watering, gravel mining, industrial, domestic and commercial uses within the boundaries of the Upper South Platte District and the Center District and within the drainage of the South Platte River as shown in EXHIBIT A ( "Participating Diversions "). The Upper South Platte District is located within the drainage basin of the North Fork of the South Platte River and the main stem of