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9. Pursuant to Section 37 -92- 305(8), C.R.S., the State Engineer shall curtail all <br />out of priority diversions, the depletions from which are not so replaced as to prevent injury <br />to vested water rights. <br />10. Applicant shall file an application for finding of reasonable diligence in the <br />month of _December_, 2019, and six years following entry of any decree determining <br />reasonable diligence thereafter, so long as applicant desires to maintain the conditional water <br />rights decreed herein, or until a determination has been made that said conditional water right <br />has become an absolute water right by reason of the completion of the appropriation. <br />11. Applicant shall notify this Court of any change in mailing address. Upon the <br />sale or other transfer of the conditional water rights decreed herein, transferee shall file with <br />this Court a notice of transfer which shall state the title and case number of this case, the <br />description of the water right transferred, the name of the transferor, and the name and <br />mailing address of the transferee. <br />12. Before the Plan of Augmentation becomes operational, Applicant or its <br />successors shall provide the Division Engineer a copy of a contract with the United States of <br />America for water service from the Aspinall Unit for sufficient water to cover the anticipated <br />October through April out of priority depletions for the upcoming year, and increase the <br />amount under the contract as necessary to cover anticipated depletions during the same <br />months to keep pace with anticipated buildup. <br />13. This Decree shall be filed with the Water Clerk, a copy provided to the State <br />and Division Engineers. <br />14. Pursuant to Section 37 -92- 304(6), C.R.S., this Court retains jurisdiction over <br />this Application for reconsideration of the question of injury to the vested rights of others <br />until five years after January 1 of the calendar year following the first year during which the <br />Tomichi Pit mining operations produce 100,000 tons of gravel per year; notwithstanding the <br />foregoing, however, the retained jurisdiction period shall commence when reclamation of the <br />Tomichi Pit starts, regardless of the level of gravel production from the Tomichi Pit. <br />This corrected ruling is entered to correct a typographical error in the original ruling. <br />Dated this 27th day of November, 2013. <br />Case No. 12CW67, Water Division 4 <br />10 <br />