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Application of Bowie Resources, LLC <br />Case No. 02CW77 <br />Ruling of Referee and Decree <br />Page l8 <br />30. Applications for reasonable diligence for the conditional rights of exchange <br />decreed herein shall be filed by the owner or user of such rights, at the times and in the manner <br />specified by §37-92-301(4)(a), C.R.S., if such owner or user desires to maintain the same, or <br />until a determination has been made that such conditional rights are made absolute by reason of <br />the completion of the appropriation. The date for filing the first application for a finding of <br />reasonable diligence shall be set forth in the judgment and decree of the Court confirming this <br />Ruling. <br />31. The Court shall retain jurisdiction in this matter as follows: <br />A. The Court shall retain jurisdiction with respect to the approval of the plan <br />for augmentation and of the change of water rights for five years from the date this Ruling of <br />Referee is confirmed and made the judgment and decree of the Court. In setting forth this period, <br />the Referee finds that such period is necessary to assure that no injury shall occur to vested rights <br />• of others by the operation of the plan for augmentation or by the change of water rights. <br />B. Pursuant to Paragraph 14.G.v, above, the Division Engineer may adjust the <br />transit loss factor applied to releases of water from East Beckwith Reservoir. Applicant shall <br />have the right to challenge any such adjustments in further proceedings in this case, and <br />jurisdiction is hereby retained for such purpose. Notice of any such further proceedings shall be <br />given by Applicant to the Division Engineer, who shall have [he opportunity to participate in <br />such proceedings. <br />32. Applicant and its successors and assigns shall install, operate, and maintain any <br />and all such adequate measuring devices as maybe required by the Division Engineer to facilitate <br />the administration of the plan for augmentation decreed herein and to ensure compliance <br />therewith. <br />33. Pursuant to Section 37-92-305(8), C.R.S., the State Engineer shall curtail all out- <br />of-priority diversions, the depletions from which are not replaced under the plan for <br />augmentation approved herein so as to prevent injury to vested water rights. <br />34. This Ruling shall be filed with the Water Clerk subject to judicial review. A copy <br />of this Ruling shall be mailed by the Water Clerk by certified or registered mail to the Applicant, <br />to the State Engineer, and to the Division Engineer for Water Division No. 4. <br />• <br />