2014-01-24_PERMIT FILE - C2010089 (5)

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Western Fuels- Colorado, LLC Case No. I OCW208 Page 30 JUDGMENT AND DECREE 22. Incorporation: The foregoing Findings of Fact and Conclusions of Law, together with any exhibits hereto, are incorporated herein by reference. 23. Change of Water Rights and Plan for Augmentation. The application for change of water rights and plan for augmentation requested and described herein is hereby approved, confirmed, adjudicated and decreed. 24. Retained Jurisdiction. Pursuant to C.R.S. § 37 -92- 304(6), the Court shall retain general jurisdiction over issues of potential injury to water rights as the result of the claims approved herein for a period extending from the entry of this decree until five years from the date of the commencement of the operation of the plan of augmentation approved in the instant case. Within that time limitation, the Court's retained jurisdiction may be invoked by the Division Engineer or any party to this case upon the filing of a verified petition with the Court under the above caption and case number and with appropriate notice to all other parties hereto. If a party other than the applicant seeks to invoke the Court's retained jurisdiction, that party shall have the burden of establishing the prima facie facts alleged in the petition, including the existence of any alleged material injury to that party's water rights. Any party who files such a motion shall serve a copy thereof, by certified mail, return receipt requested, on all parties to these proceedings at their then current business addresses or on their respective attorneys of record. The person who files such a motion shall have the initial burden of demonstrating whether changes or amendments to the decree are necessary or appropriate to remedy or preclude injury to vested water rights. Upon such a showing, the burden of showing non - injury shall shift to the Applicant. Such changes may, if adequately proved, be more or less restrictive than the terms and conditions of this decree. 25. Special Retained Jurisdiction. In addition to the general retained jurisdiction described in paragraph 24, the Water Court shall retain jurisdiction specifically to resolve claims of injury to Western Sky's and John Hendricks' vested rights where the alleged injury is claimed to arise from out -of- priority depletions caused by the cessation of the mine dewatering pump at the New Horizon North mine site for a period of time exceeding 30 days and without the corresponding commencement of another mine dewatering pump. Western Sky, John Hendricks and/or any successors in interest may invoke the Court's special retained jurisdiction under this paragraph 25 at any time prior to the expiration of a period of three years from the date that Applicant files a post - pumping plan, with a copy to Hendricks /Western Sky, pursuant to the process described in the July 9, 2013 Stipulation and Agreement between Western Fuels- Colorado and Western Sky and John Hendricks, in accordance with the process described in paragraph 24. 00053058 -7