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•Jul 16 02 02:51p p'4 <br />H:U NH I . KtS. �tL_ I lUN t-ax : JUJ2Sbt> -:=s I`!dt( a tits r. Uy <br />requested by the Division Engineer, including any reports required on any water quality. <br />7. The total amount of water diverted cannot exceed the decreed amount or the <br />amount available from the Gas Wells. (If the (3a5 Wells only produce, for example, 50 <br />gpm instead of the 60.42 gpm claimed, then the Applcant may only use the available <br />water.) <br />a. As a by- product of the Gas Wells, the water which is the subject of this <br />Application, Is not expected to be a permanent water supply. If all the Gas Wells cease <br />to produce, but are expected To resume production in the near future, <br />the Applicant <br />shall not irrigate during the time that all Gas Wells are not producing. if all cf the Gas <br />Wails fall to produce and are plugged or are taken out of production, then this water <br />right shall cease to exist. <br />CONCLUSIONS OF t-AW <br />9. The surface waste water right and storage sought herein are contemplated by <br />law and, if administered in accordance with this Decree, will not result in injury to the <br />vested water rights or decreed conditional water rights of others. <br />10. the Division Engineer is lawfully required to administer diversions under the <br />water rights which are subject to this Decree in eornplia:lce with Colorado law. <br />(T IS, THEREFORE, ADJUDGED AND DECREED THAT: <br />11. That the Findings of Fact and Concluslons of Law are incorporated herein and <br />rnade a part of this decretal portion of this Decree. <br />12. The wastewater tight for 60.42 gpm (0.1305 c.f.s. absolute) and a storage right <br />for 38.58 acre feet absolute, are approved subject to the terms and conditions of this <br />13. This Decree was entered into pursuant to an agreement by the parties and the <br />issues decided herein have not been fully i'itigated between the parties. The parties, <br />therefore, shall not be collaterally estopped from asserting any factual andlor legal <br />issues in any other cases not involving the water. rights Decreed herein. <br />14. The Decree shall not have any precedeatiat value in any future Application for <br />use of water produced from Gas Wells. <br />15. The Court shall retain jurisdiction for a period of five (5) years from the date of <br />this -Decree for the purpose of complying with C.R.S. §37- 92- 344(8)• <br />1 � 1998. <br />DONE this r day of <br />3 <br />