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<br />I . <br /> <br />e <br /> <br />e <br /> <br />III. DECREE <br /> <br />THEREFORE, IT IS ORDERED AND ADnJDGED that the Motions to Amend and <br />Change Applications are GRANTED as follows: <br /> <br />1. The provisions of the Findings of Fact and Conclusions of Law are hereby <br />incorporated into this Ruling. The Court, having carefully considered the information <br />and legal argument submitted by the Applicant and other Moving Parties and the <br />Opposers, and having completed the investigations necessary to make a deteffilination in <br />this matter, does find that Applicant has met the required burdens of proof regarding the <br />Motions to Amend and Change Applications. <br /> <br />2. The 1991 Consent Decrees are hereby amended as set forth in the <br />Stipulations to Amend appended to the Motions to Amend. and the Change Applications <br />are granted. The Stipulations to Amend and the Change Applications are hereby <br />incorporated into the 1991 Consent Decrees. See also I.e., above. To the extent that <br />provisions of the Stipulations to Amend and the Change Applications may conflict with <br />the 1991 Consent Decrees and their incorporated documents, the Stipulations to Amend <br />and the Change Applications shall control. <br /> <br />3. . Colorado law requires this Court to determine whether conditions must be <br />imposed on a change of water rights to prevent injury to other water rights. See CR.S. ~ <br />37-92-305. The Court has determined to impose the following conditions on this Decree: <br /> <br />a. Applicant and the Ute Tribes, as appropriate, shall comply with the orders <br />of the State or Division Engineer to install necessary measuring devices with regard to <br />these water rights, and shall keep records and make reports regarding these water rights <br />as reasonably requested by the State or Division Engineer. <br /> <br />b. The Court hereby adopts and incorporates into this decree the monthly <br />percentage distributions and historic consumptive use percentages set forth in <br />subparagraphs 6.A.iii.a.&b. of the Stipulation for Consent Decree with respect to the Ute <br />Mountain Ute Tribe. Applicant's Ex. 2 & 3 (1991 Consent Decree) at Stipulation to a <br />Consent Decree. Thus, ALP diversions from the Animas River for the benefit of the Ute <br />Mountain Ute Tribe are limited in quantity to a maximum of 27,066 af of water per <br />annum as measured at Ridges Basin Dam and Reservoir or at the point on the Animas <br />River where diversion are made to the Durango Pumping Plant, and the timing and <br />duration of diversions shall be limited as set forth in the table found at Paragraph 6 <br />A.iii.a. Applicant's Ex. 2 & 3 (1991 Consent Decrees) at Stipulation to a Consent <br />Decree, 16.A.iii.a. <br /> <br />c. ALP diversions from the Animas River for the benefit of the Southern Ute <br />Indian Tribe's municipal and industrial allocations from the ALP are limited in quantity <br />to a maximwn of26,500 acre-feet per annum of water as measured at Ridges Basin Dam <br />and Reservoir or at the point on the Animas River where diversion are made to the <br />Durango Pumping Plant. To this extent, the Court hereby adopts and incorporates into <br /> <br />35 <br /> <br />