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<br />b]sis ft't ~he impos3t~oI:
<br />t~qulrellll'll::'t.. .l...)1. tht-, y
<br />Reach, whether tllrou'
<br />actions. The wate~
<br />called or otherwise
<br />to use, directly or
<br />Conclusions of Law,
<br />paragraph,
<br />
<br />of typass tlows or other regulatory
<br />"1e of providing flows in the IS-Mile
<br />proceedings or other regulatory
<br />,JJtfJ de,:reed in this case shall not be
<br />o ltGrced if any federal ngency uses, or seeks
<br />lndirectlY, these Findings of Fact,
<br />Judgment and Decree in violation of this
<br />
<br />17, This right is intended for use in conjunction with the
<br />water right decreed in Case No, 92CW286, In the event that the
<br />decree entered in Case No. 92CW286 should ever become
<br />unenforceable, the decree entered herein shall not be called or
<br />otherwise enforced so long as the decree in Case No. 92CW286
<br />remains unenforceable.
<br />
<br />CONCLUSIONS OF LAW
<br />
<br />18. The application herein is one contempl~ted 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 her.irl was given in the manner provided by
<br />law, and this COurt has jurisdictior. over all persons or entities
<br />affected hereby, whether on not they have appeared, , 39-92-302,
<br />C,R,S, (19901,
<br />
<br />20, The Decree entered herein, including the conditions set
<br />forth in paragraphs 12 through 17, complies with C,R,S, 5 37-92-
<br />102 (3) and is otherwise consi,stent with the CWCS'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 b3rred 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 />4
<br />
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