<br />
<br />CONCLUSIONS OF LAW
<br />
<br />18, The application herein is one contemplated by law, and
<br />this Court has jurisdiction over the subject matter of this
<br />proceeding,
<br />
<br />19, Timely and adequate notice of the filing and contents
<br />of the application herein was given in the manner provided by
<br />law, and this Court has jurisdiction over all persons or entities
<br />affected hereby, whether on not they have appeared, ~ 39-92-302,
<br />C,R,S, (1990),
<br />
<br />20, The Decr_e entered herein, including the conditions set
<br />forth in paragraphs 12 through 17, complies with C,R,S, ~ 37-92-
<br />102(3) and is otherwise consistent with the ewes's statutory
<br />responsibilities.
<br />
<br />21. The Findings of Fact, Conclusions of Law, Judgment and
<br />Decree entered herein have not been litigated, are the result of
<br />negotiation and compromise, and are entered pursuant to
<br />stipulation, The parties shall not be collaterally estopped or
<br />otherwise barred from asserting any factual or legal issue in any
<br />other case not involving this water right and this Decree shall
<br />not be used, considered, or cited as precedent in any other case
<br />except and only to the extent that the right decreed herein is at
<br />issue, The foregoing principle specifically includes, but is not
<br />limited to, the following:
<br />
<br />A, Nothing herein shall be construed as agreement
<br />that the United States has or does not have any authority to
<br />require bypass flows, depletion charges, or other measures
<br />impacting the water yield to project beneficiaries, or to prevent
<br />any person from challenging the United States' authority to do so
<br />in any context whatsoever.
<br />
<br />B, Nothing herein shall serve as precedent that the
<br />CWCB has or does not have authority to appropriate instream flows
<br />f~r fish recovery purposes,
<br />
<br />C, The entry of this Decree shall not pn,clude the
<br />CWCB from applying for, adjudicating, or acquiring rights to
<br />additional amounts of water in the future, subject to the
<br />satisfaction of the applicable statutory criteria; provided,
<br />however, that the objectors retain the right to oppose such
<br />applications and shall not be precluded from raising any claim or
<br />defense to such other applications,
<br />
<br />6
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