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decree, (b) the annual and monthly amount of water available to Applicant from the water right, <br />(c) how the augmentation credits will augment depletions from the structures included in this <br />plan for augmentation in time, location and amount, (d) evidence that the claimed amount of <br />water has been dedicated for use under Applicant's plan for augmentation, and (e) the manner in <br />which Applicant will account for use of the augmentation credits and make any required return <br />flow replacements. Applicant shall also include in the Notice the current projection prepared <br />under Section 20 of this Decree which will show the amount and time during which the water <br />will be available under the water right. If any person wishes to object to the addition of the <br />noticed water right(s) to this plan, a written objection shall be filed with the Court within thirty <br />days after the date the Notice was given by Applicant. If no objection is so filed, then Applicant <br />may use the noticed water right(s) in this plan in the manner stated in the Notice that was given <br />by Applicant. If an objection is so filed, then the Applicant may not use the noticed water <br />right(s) until the Court shall determine if the water right(s) may be used in this plan, and if so, <br />may impose such terms and conditions as necessary to prevent injury to vested water rights and <br />decreed conditional rights. If the Notice requested temporary use of the noticed water right(s) in <br />this plan for a period not to exceed one year, the Court shall grant an expedited hearing and <br />promptly decide the disputed issues. If the Notice requested use for more than one year or <br />permanent use of the noticed water rights in this plan, then the Court shall conduct whatever <br />proceedings are needed to appropriately address and resolve the disputed issues. This subsection <br />shall apply to all separately decreed sources, whether they are permanent additions to this plan <br />for augmentation or of limited duration. <br />18.2 Other Additional Water Rights. As to any other additional water rights Applicant <br />seek to use for augmentation use in this plan and which are not otherwise authorized for use by <br />this Decree, Applicant shall provide written notice to the Objectors to the application filed in this <br />case of its request for approval of the State Engineer pursuant to C.R.S. § 37 -92 -308 or § 37 -92- <br />309. Applicant shall not use the noticed water right in this plan for augmentation until the State <br />Engineer's approval of Applicant's request for substitute water supply plan (SWSP) or <br />interruptible water supply agreement (IWSA) has become final, including any appeal. If any <br />person wishes to appeal the decision of the State Engineer, a written objection shall be filed with <br />the Court within thirty days after the date the written decision of the State Engineer is mailed to <br />the parties. If no appeal is so filed, then Applicant may use the noticed water rights in this plan <br />in the manner stated in the State Engineer's approval, without further action by the Court. If an <br />appeal from an SWSP approval is so filed, then the Court shall grant an expedited hearing and <br />promptly decide the disputed issues. If an appeal from an IWSA approval is so filed, then the <br />Court shall grant an expedited hearing and promptly decide the disputed issues in accordance <br />with C.R.S. § 37 -92 -109. Neither the approval nor the denial by the State Engineer shall create <br />any presumptions, shift the burden of proof, or serve as a defense in this case. In no event shall <br />the Applicant be allowed to use the same portion of a water right or shares for undecreed <br />augmentation use under this plan pursuant to either a SWSP or ISWA approval for more than the <br />period allowed by C.R.S. § 37 -92 -308 or § 37 -92 -309, respectively. <br />18.3 Retained Jurisdiction. The Court retains perpetual jurisdiction in this case to <br />resolve any disputes, objections, or claims of injury that relate to Applicant's proposed use of <br />any additional water rights or replacement sources in this plan under this Section 18. <br />9 of 17 <br />