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<br />9. Timely and adequate notice of the pendency of this action was given in the manner <br />provided by law. Section 37-92-302(3),15 C.R.S. (1990). <br /> <br />10. Co-applicants' proposed change of water right as approved herein is contemplated <br />by law and, if implemented and administered in accordance herewith, will not injuriously affect the <br />owner of or persons entitled to use water under a vested water right or a decreed conditional right <br />pursuant to S 37-92-305(3), 15 c.R.S. (1990). <br /> <br />JUDGMENT AND DECREE <br /> <br />11 The Findings of Fact and Conclusions of Law set forth above are hereby <br />incorporated into the terms of this Decree as if the same were fully set forth herein. <br /> <br />12. The terms and conditions of the stipulations between the Applicant and Upper <br />Yampa and bet\veen the Applicant and TriState, as approved by the Court, are hereby incorporated <br />and made a part of this Decree. Said stipulations are attached hereto. <br /> <br />13. Water released for instream flow purposes pursuant to this decree may be released <br />on a year-round basis; however, to the extent consistent with the terms of the Lease and Sublease <br />among the United States Fish and Wildlife Service, the Colorado Water Conservation Board, and <br />the Colorado Division of Parks and Outdoor Recreation, dated April 17, 1996, releases will be <br />made for instream flow purposes during the months of August, September, and October. <br /> <br />14. The change of water right requested by the Co-applicants, as more fully set forth in <br />the Findings of Fact above, is hereby granted for 3,155 acre-feet of the water stored under the <br />priority awarded in Case No. 90CWOl for use for instream flows to preserve the natural <br />environment to a reasonable degree, provided that the additional beneficial use be made and <br />controlled only by the CWCB and that the cumulative amount released during anyone water year <br />comprised of water released pursuant to this decree ("enlargement water"), water released pursuant <br />to the decree in Case No. 95CW163 ("refill water"), or a combination ofref1ll and enlargement <br />water does not exceed 3,155 acre-feet. Storage of water under the new instream flow uses decreed <br />herein shall be administered using an effective appropriation date of December 7,1995. <br /> <br />15. Jurisdiction in this matter shall be retained for a period of two years from the date of <br />use of at least 1000 acre-feet of water for the changed uses decreed in this case for the purpose of <br />evaluating injury. Notice shall be given to Upper Yampa and Tri-State of the occurrence of the use <br />of 1000 acre-feet so as to start the commencement of the two-year retained jurisdiction period. <br /> <br />Dated this 111t. day of ~ 1997. <br /> <br />3 <br />