5-05CW264 Final Drecree/Stipulations

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Decree Colorado Water Conservation Board Case No. 05CW264 Page 7 monthly flow rates of the historical diversions under those respective priorities identified in the columns of Table 2 labeled "Segments 1 and 2." Any calls made for the Subject Water Right shall be in the full amount needed to produce at the historical headgate of the Peabody Ditch No. 1 the amounts set forth in Table 2 under Segments 1 and 2 for the applicable month. E. The headgate of the Subject Water Rights was located on Boulder Creek, a tributary to the Blue River. As a result, the Subject Water Rights could not historically be used to "call" upon water rights diverting from the Blue River. Accordingly, as changed herein, the Subject Water Rights may not be used to exercise a "call" upon any water rights diverting water from the Blue River. However, the instream flows produced by virtue of the lawful exercise of the Subject Water Rights shall be conveyed through the CWCB instream flow reaches by the Division Engineer, who shall not allow the diversion of such water while it is flowing through the CWCB instream flow reaches. F. The Applicant shall install, operate, and maintain measuring devices as may be required by the Division Engineer to administer the water rights changed herein. 10. Stipulations. Applicants have entered into and the Court hereby approves and incorporates into this decree the stipulations with all objectors filed in this matter. 11. Retained Jurisdiction. The change of water rights herein shall be subject to reconsideration by the Court on the question of injury to the vested water rights and decreed conditional water rights of others for a period of five (5) years after entry of the decree herein. 12. Findings. The foregoing paragraphs are hereby fully incorporated and made a part of this decree. The Court finds that the CWCB has satisfied all necessary legal prerequisites and hereby rules that the water rights described above are hereby granted. The Court further finds that under the terms and conditions set forth above, there will be no injury to any owner of or person entitled to use water under a vested water right or a decreed conditional water right as a result of the decree entered herein. 13. No precedent. The findings of fact, conclusions of law and decree stipulated hereto were completed as a result of substantial discussions, negotiations and compromises by, between and among the Applicants and Objectors. It is specifically understood and agreed by the parties hereto, and found and concluded by the Court, that the acquiescence by the parties to a stipulated decree under the specific factual and legal circumstances of this matter and upon the numerous and interrelated compromises reached by the parties shall never give rise to any argument, claim, defense or theory of acquiescence, waiver, bar, merger, stare decisis, res judicata, estoppel, or 00029641