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<br />329 <br /> <br />. <br /> <br />Randolph Capital Corporation <br />Case No. 99cWI08 <br />Page 15 <br /> <br />. <br /> <br />of evaluating injury to vested water rights, for a period of five <br />years from the date that fifty percent of the wells covered by this <br />plan are in use, as certified in writing to the Water Clerk by <br />Randolph Capital or its successors and assigns, with copies mailed <br />to the Division Engineer and all parties who have appeared herein, <br />or their counsel of record. Any person, within the designated <br />period, may petition the Court to invoke its retained jurisdiction. <br />Any such request shall state with particularity the factual basis <br />for requesting that the Court evaluate injury to vested water <br />rights associated with the operation of this decree, together with <br />proposed decretal language to effect the petition. Unless <br />otherwise stated herein, the party lOdging the petition shall have <br />the burden of going forward to establish the prima facie facts <br />alleged in the petition. If the Court finds those facts to be <br />established, the Applicants shall thereupon have the burden of <br />proof to show: {al that any modification sought by Applicants will <br />avoid injury to other appropriators, or (b) that any modification <br />sought by an Opposer is not J:'equired to avoid injury to other <br />appropriators, or (c) that any term or condition proposed by the <br />Applicants in response to Opposer's petition does avoid injury to <br />other appropriators. Such petition shall be filed with the Court <br />under the above styled caption and case number and shall be served <br />by certified mail, return receipt requested, on all parties who <br />have appeared herein, or on their counsel of record. If no such <br />petition is lodged within the designated period, and the retained <br />jurisdiction period is not extended by the Court in accordance with <br />the provisions of the statute, this decree shall become final under <br />its own terms. <br /> <br />. <br /> <br />31. The priorities awarded herein to the exchanges described <br />in Paragraph No. 14, sunra, were filed in the Water Court in 1999 <br />and shall be administered as having been filed in that year, and <br />shall be junior to all priorities filed in previous years. As <br />between all rights filed in tpe same calendar year, priorities <br />shall be determined by historical dates of appropriation and not <br />affected by the date of entry of ruling. <br /> <br />32. It is also ordered that the conditional eXChange rights <br />awarded herein are hereby continued in full force and effect until <br />,200__. If Randolph Capital or its successors and <br />assigns desire to maintain such conditional decree, an application <br />for a finding of reasonable diligence shall be filed on or before <br />, 200__, or a showing made on or before such date <br />that the conditional rights have become absolute rights by reason <br />of the completion of the appropriation. <br /> <br />33. A copy of this decree shall be recorded.in the office of <br />the Jefferson County Clerk and Recorder so that the decree will <br />appear in the chain of title for each lot covered by this plan for <br />