Stipulation Between Applicant and Opposer Public Service Company, and Order Approving Stipulation, Including Draft Exhibit 1 Findings of Fact, Consclusions of Law, and Decree of the Court

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City of Durango Case No. 06CW9 Page 7 JUDGMENT AND DECREE 23. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference as if set forth fully herein. 24. The recreational in- channel diversion water rights for the Durango Boating Park as described in paragraph 6 above are hereby confirmed and approved. 25. Durango has agreed to the following conditions: A. Any change of point of diversion or place of use that does not include a change in type of use for any decreed water right with a priority date senior to that of the Durango Boating Park recreational in- channel diversion water rights decreed herein and located on the Animas River or its tributaries upstream of the Durango Boating Park stream reach shall be deemed non - injurious to the Durango Boating Park recreational in- channel diversion water rights. B. Any change in type of use of an absolute decreed water right with a priority date senior to that of the Durango Boating Park recreational in- channel diversion water rights decreed herein and located on the Animas River or its tributaries upstream of the Durango Boating Park stream reach, from the currently decreed use to anew type of use, except augmentation use, shall be deemed non - injurious to the Durango Boating Park recreational in- channel diversion water rights so long as the new use does not result in an increase over the historical consumptive use of the water right being changed. 26. Durango shall install and maintain such measuring devices or other structures, and shall maintain such records of diversions hereunder, as may be required by State water administration officials for administration of the Durango Boating Park recreational in- channel diversion water rights. 27. The application herein was filed in the Water Court in the year of 2006 and the water rights herein confirmed and awarded 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, the applications for which were filed in the same calendar year, priorities shall be determined by historical dates of appropriation and shall not be affected by the date of entry of this decree.