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<br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case No. OOCW75 <br />Page 5 <br /> <br />15. This court has jurisdiction over the subject matter of these proceedings and over all who <br />may be affected thereby, whether they have appeared or not. Sections 37-92-302, 37-92~ <br />304(6) and 37-92-305, C.R.S. <br /> <br />16. Timely and adequate notice of the pendency of this action was given in the manner <br />provided by law. Section 37-92-302(3), C.R.S. <br /> <br />17. The Applicants have complied with all requirements and met all standards and burdens of <br />proof, including but not limited to those in Sections 37-92-103(5), 37-92-301, 37-92-302, <br />37-92-304(6) and 37-92-305, C.R.S., and is therefore entitled to this decree approving the <br />proposed change of water right. <br /> <br />JUDGMENT AND DECREE <br /> <br />18. The foregoing findings offact and conclusions oflaw are incorporated herein. <br /> <br />19. The application in this case is granted and the requested change of use for the Fish Creek <br />Reservoir, Second Enlargement water right, to add the use of maintenance of instream <br />flows in Fish Creek downstream of the Fish Creek Water Filtration Plant to the <br />confluence of Fish Creek and the Yampa River for the exclusive use of the Board, as <br />more particularly described in the 1996 Agreement and consistent with the Board's <br />instream flow decree entered in Case No. 79CWI04; is hereby approved, ordered, <br />adjudged and decreed. <br /> <br />20. The change of water right approved herein is subject to the retained jurisdiction of the <br />court for reconsideration of the question of injury to the vested rights of others for a <br />period of one year from the date of entry of this decree. Any party of record, within that <br />period, may request a hearing of the court for the purpose of modifying the decree in the <br />event that any of the assumptions supporting the approval of the change of water right <br />.prove to be erroneous 'and the approved change of water right causes material injury to <br />such party. <br /> <br />21. The Applicants shall install such measuring devices as required by the Division Engineer <br />and report water use as requested by the Division Engineer. <br /> <br />22. This Findings of Fact, Conclusions of Law, Judgment and Decree shall be filed with the <br /> <br />00CW75 FishCr CWCB Change Decreel. wpd <br />October 19. 2001 <br /> <br />,~u:,Mk~,i~;,;~." ,~~ <br /> <br />