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4179215 Pages: 5 of 12 <br /> 02/08/2016 01:54 PM R Fee:$66.00 <br /> Carly Koppes, Clerk and Recorder, Weld County, CO <br /> Case No. 12CW304-A <br /> Page 5 of 8 <br /> CONCLUSIONS OF LAW <br /> 10. Notice and Jurisdiction. The Water Court for Water Division No. I has jurisdiction over <br /> the subject matter of these proceedings and over all persons, owners of property and <br /> water rights that may be affected hereby, pursuant to §37-92-203(l), §37-92-302 and <br /> §37-92-304, C.R.S. whether or not they have chosen to appear. The original application <br /> and its amendment in this matter, and the resume publication of the application and its <br /> amendment, placed such persons on notice of the relief requested by the Application and <br /> granted by this Decree. <br /> 11. Burden of Proof. Co-Applicants have met their burden of proof and are therefore entitled <br /> to a decree approving their storage water right. <br /> 12. Claim for Conditional Water Right Contemplated by Law. Co-Applicants have <br /> established that the water herein can and will be diverted and placed to beneficial use and <br /> that the Geisert Reservoir project can and will be completed with diligence and within a <br /> reasonable time. §37-92-305(9)(b). <br /> 13. Administrability. The water right decreed herein is administrable by the officials of the <br /> State of Colorado, so long as operated in accordance with the terms of this decree. <br /> 14. Storage Accounting Year Defined. For purposes of accounting for the initial fill and <br /> refill rights decreed herein,the accounting year shall be April 1 through March 31. <br /> DECREE <br /> 15. Incorporation. Paragraphs 1 through 14, inclusive, are incorporated herein by reference <br /> and made a part of this Decree as if fully set forth. <br /> 16. Stipulations and Settlement. The Stipulations entered into between Co-Applicants and <br /> the Objectors are approved by the court. <br /> 17. Decree. The Court hereby recognizes, confirms, approves, adjudicates and decrees the <br /> conditional water right for Geisert Reservoir as described herein. <br /> 18. Measurement and Accounting. Co-Applicants shall obtain approval of the District 3 <br /> water commissioner or the Division Engineer prior to diverting water under this Decree <br /> and shall install adequate measuring devices equipped with continuous recorders at the <br /> inlet and outlet works for Geisert Reservoir along with a staff gauge. Storage, diversions, <br /> releases, evaporative losses and unmeasured out-of-priority inflows shall be accounted <br /> for on a daily basis and reported to the water commissioner or Division Engineer monthly <br /> by Co-Applicants. Unmeasured out-of-priority inflows shall be computed as measured <br /> outflows plus evaporation losses plus change in storage minus measured inflows. The <br /> accounting for this Decree submitted to the Division Engineer on a monthly basis shall be <br /> made available to any objector in this case upon reasonable request and reimbursement of <br /> expenses related to production of the same, except that if the accounting is provided to <br />