Prehearing Statement of the Town of Dillon

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Case No. 87CW392 Page 11 to all priorities filed in previous years. As between all rights filed in the same calendar year, priority shall be determined by historical dates of appropriation and not affected by the date of entry of decree. 29. a. Pursuant to §37-92-304(6) C.R.S., the Court retains jurisdiction over this plan for augmentation and changes of water right for a period of five years from the 1 ast day of the fi rst cal endar year i n whi ch Appl i cant operates the pl an, for augmentation or makes diversions at any of the alternate points of diversion ?.. decreed herein, for the purpose of considering, upon motion of any person, with appropriate notice to all parties, whether the provisions of this decree are adequate to prevent injury to vested water rights. The Court shall always retain jurisdiction regarding the amount, timing and location of lawn irrigation return flows determined in ¶11 above. b. The Court further retains jurisdiction over the question of whether the Applicant may take credit for return flows from lawn irrigation, pending the outcome of the appeal of Public Service Company of Colorado v. Willows Water District, Case No. 92SA304; from the ruling of the Water Judge for Water Division No. 1, in Case No. 90CW156 ("the Willows case"). Within 30 days after the issuance of the mandate by the Supreme Court in the Willows case, Public Service may petition to invoke retained jurisdiction under this paragraph. Thereupon, there shall be evidentiary proceedings limited to the Applicant and Public Service regarding Applicant's claim of credit for return flows from lawn irrigation as set forth in qll.c of this decree. As a consideration for this provi si on, Publ i c Servi ce has agreed not to take an appeal from the entry of thi s decree which shall be final as of the entry hereof. As further consideration for this provision, Applicant will not claim credit for lawn irrigation return flows as determined by qll.c of this decree until such time as retained jurisdiction pursuant to this 129.b ceases. Nothing herein precludes Public Service or Applicant from appealing any decision under the retained jurisdiction set forth in this paragraph. If no petition is filed within 30 days after issuance of the mandate in the Willows case, this decree shall become final and shall not be subject to any reconsideration except as set forth in 129.a of the decree. 30. The conditional exchanges and water rights decreed herein are continued in full force and effect through November; 1998 . If Applicant desires to maintain such conditional water rig ts, an App ie:ation for Finding of Reasonable Diligence shall be filed on or before November; 1998 , or a showing made on or before such date the conditiona water rig t as ecome an absolute water right by completion of the appropriation. 31. The plan for augmentation, including exchanges and changes of water rights decreed herein shall be administered by the Division Engineer, with the Applicant installing appropriate measuring devices as reasonably required by the Division Engineer to allow such administration. The State Engineer shall curtail all out- of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights pursuant to Section 37-92-305(8) C.R.S. 32. A copy of this Judgment and Decree shall be filed with the Division Engineer and the State Engineer.