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<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 <br /> <br />,< <br /> <br />" <br /> <br />',..' <br /> <br />,", <br />'. ii: <br />',~.~' <br />.:/', <br /> <br />