2012-11-02_REVISION - M1984094 (3)

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16. Absolute Rights. Applicants have proven that they have operated the subject appropriative rights of exchange as described in Paragraph 10(B) above. 17. No Injury. The subject appropriative rights of exchange, if exercised and administered in accordance with the provisions of this Decree, will not cause injury to any owner of or person entitled to use water under any vested water right or decreed conditional water right. CONCLUSIONS OF LAW Case No. 2002CW389 Page 22 of 28 18. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated herein. 19. Notice and Jurisdiction. The Water Court for Water Division No. 1 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, whether or not they have chosen to appear. The original application in this matter and the resume publications of the application placed such persons on notice of the relief requested by the application and granted by this decree. 20. Application Authority. The Application was filed with the Water Clerk in accordance with the provisions of §37- 92- 302(1)(a), C.R.S. 21. Statements of Opposition. Statements of Opposition were filed as described in paragraph 3, above. The time for filing additional statements of opposition and motions to intervene has expired according to law. §§37-92 - 302(1)(c) and 37 -92- 304(3), C.R.S. 22. Approval of Application. Subject to the terms of this decree, the plan for augmentation described in this decree meets the requirements of § §37 -80 -120, 37- 92- 103(a) and 37 -92 -305, C.R.S. The application for approval of a plan for augmentation should be approved subject to the provisions of this decree. 23. Exchange Rights. Adjudication of Applicants' rights of exchange described in this Decree is authorized in accordance with provisions of § §37 -80 -120, 37 -83- 104 and 37 -92- 302(1), C.R.S. The conditional exchange rights filed in the water court in the year 2002 shall be administered as having been filed in that year, and shall be junior to all water rights for which applications were filed in previous years. As between all water rights filed in the same calendar year of 2002, priority shall be determined by decreed dates of appropriation and not affected by the date of entry of this decree. The absolute exchange rights decreed herein shall be administered with priority dates based upon their dates of actual operation as stated in paragraph 10(B)(4), and shall be junior to all water rights for which applications were filed in years previous to those dates.