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38. Pursuant to the provisions -ontained in Sect;on 1-37- <br /> 304(6), 15 C.R.S.(1990), the Plan for Augmentation decreed <br /> herein shall be subject to the reconsideration of this <br /> Court, for the purpose of evaluating injury to vested water <br /> rights. The continuing jurisdiction of the Court shall be <br /> available until Applicants or their successors shall obtain <br /> a permanent source of augsentation water. During the period <br /> of continuing jurisdiction, any person ray petition the <br /> Court to invoke its retained jurisdiction. Any such request <br /> Shall state with particularity the factual basis for <br /> requesting that the Court evaivote injury to vested water <br /> rights associated wi►.h the operation of this decree, <br /> together with proposed decretal lang3age to eff<<,t the <br /> petition. Unless otherwise stated herein, the party lodging <br /> st.ch a petition shall have the burden of going forward to <br /> establish the prima facie facts alleged in the petition. If <br /> the Court finds those facts to be established, the Applicant <br /> shall thereupon have the burden of proof to show: (a) that <br /> anv modification sought by the Applicant will avoid injury <br /> to ovhpr or, (b) that any modification sought <br /> by an opposer is not required to avoid injury to other <br /> appropriators, or O that any term or condition proposed by <br /> Applicant in response to Opposer's petition does avoid <br /> injury to othF. appropriators. Such petition shall be filed <br /> with the Court under the atove styled caption and case <br /> nu-ber and shall be served by certified r3il, return receipt <br /> r.iquest-,J, on all parties who have afreared herein, or on <br /> their counsel of record. <br /> 39. Applicant shall not at any tire purcp more water than <br /> the available replacement source in quantity. Should, <br /> however, any ground-water be pur.Ced in a water year in excess <br /> of the previous years' Town of Elizabeth's waste water <br /> effluent, it shall be offset by foregoing the pu^:ping of <br /> that volure the following year. <br /> 40. Pursuant to C.R.S. 37-92-305(8) the State Engineer <br /> shall curtail all diversions, the depletions for which are <br /> not replaced according to the "Plan for Joint Adainistration <br /> of Augmentation for Miller Pit and for Hunt Irrigation", __ <br /> as to prevent injury to vested water rights. <br /> 15 <br />