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<br />!\!! <br /> <br />'e <br /> <br />e <br /> <br />" i <br /> <br />bears the burden of establishing that a significant change in circumstances <br />warrants modification of a consent decree. Rufo. 502 U.S. at 393. The party may <br />satisfy this initial burden 'by showing either a significant change in factual <br />conditions or in law." Id. at 384. Second, if the moving party meets this <br />standard, the court then considers whether ''the proposed modification is suitably <br />tailored to the changed circumstance." !d. at 383. <br /> <br />Mar. 7 Order at 7. <br /> <br />7. The frrst part of the Rufo standard has heen met and the 1991 Consent <br />DeCrees may be modified due to the change in law found in the Colorado Ute Settlement <br />Act Amendments of 2000, Pub. L. 106-554, 114 Stat. 2763A-258 (2001) ("2000 <br />Settlement Act Amendments"). Mar. 7 Order at 9. <br /> <br />8. With respect to the second part ofthe Rufo standard, the. Court must be <br />cognizant of all the actual impacts of the amendments. See Town of Breckenridge v. City <br />and County of Denver Bv and Through Bd. of Water Com'rs, 620 P .2d 1048, 1051 (Colo. <br />1980) (proceedings may also function in reality as an action to enlarge or change a water <br />right and therefore are governed by the provisions of the Water Right Determination and <br />Administration Act); Mar. 7 Order at 11-12. The Court finds that where the impact of <br />amendments to a consent decree for water rights causes injury to other water rights <br />holders or enlarges a water right, the amendments are not suitably tailored to the change <br />in circumstances. See C.RS. ~ 37-92-305(3). <br /> <br />9. .The doctrine of res judicata bars the United States from expanding its <br />1991 reserved water rights adjudication.through an amendment of its original decree. See <br />In re Application for Water Ri2hts of U.S., 101 P.3d 1072, 1082(Colo.2004); Arizona v. <br />California, 460 U.S. 605, 620, 103 S.Ct. 1382, 1392 (1983); Nevada v. U.S., e.g., 463 <br />U.S. 110, 133, 103 S.Ct. 2906, 2920 (1983); Mar. 7 Order at 12-30. The 1991 Consent <br />Decree settled the amount of reserved water rights for the benefit of the Ute Tribes. Mar. <br />7 Order at 12-30. The 1991 Consent Decree entitled each Tribe to a supply of water <br />from the ALP with annual diversion limits. See Applicant's Ex. 2&3 (1991 Consent <br />Decrees). Therefore, diversions by ALP from the Animas and La Plata Rivers on behalf <br />of the two Ute Tribes are limited to the reserved water rights quantified in the 1991 <br />Consent Decrees. <br /> <br />10.. The court is required to determine whether conditions must be imposed on <br />a change of water rights to prevent injury to other water rights. See C.R.S. ~ 37-92-305; <br />Santa Fe Trail Ranches Property Owners Ass'n v. Simpson, 990 P.2d 46,53-54 (Colo. <br />1999) : rn Ie Apolication for Wate! Rights of Midway Ranches Prooertv Owners Ass'n, <br />938 P.2d 515,521 (Colo.l997). <br /> <br />30 <br /> <br /> <br />11. This Court's analysis of the impacts of the proposed amendments and <br />change applications is confined to an analysis of water rights as decreed in Colorado. <br />The size, capacity, or other features of ALP, are authol'ized by separate decrees in <br />Colorado (see ALP Decrees), and are not affected by this decree. <br />