2017-06-16_GENERAL DOCUMENTS - M1989056

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Decree Case No. 04CW6 Applicant within 35 days of receiving notice, and the court shall retain jurisdiction to resolve any such objections. In addition,the Court retains perpetual retained jurisdiction to resolve any dispute regarding potential injury arising as a result of the Applicant proposing to use an Alternative Replacement Method pursuant to paragraph 25 of this decree. The Applicant shall have the ultimate burden to demonstrate that any Alternative Replacement Method will adequately replace historical return flows and depletions, and will prevent injury to other water rights. II. CONCLUSIONS OF LAW 26. Incorporation of Findings of Fact. The foregoing Findings of Fact of this decree are incorporated herein. 27. Notice and jurisdiction. Full and adequate notice of the claims adjudicated herein have been given in a manner required by law. The Court has jurisdiction of the subject matter of this application and all persons affected hereby, whether they have appeared or not, pursuant to C.R.S. §§37-92-203(1), 37-92-302 and 37-92- 304. 28. Change of water rights contemplated by law. The change of water rights in¶14 of this decree is contemplated by law and satisfies the requirements of§37-92-101 et seq., including but not limited to §§37-92-103, 37-92-302, 37-92-304(6), 37-92- 305(3). The change of water rights will not injuriously affect any owner or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this decree. 29. Plan for augmentation contemplated by law. The plan for augmentation decreed herein is contemplated by law and satisfies the requirements of§37-92-101 et seq., C.R.S., including but not limited to §§37-92-302, 37-92-305(3), 37-92- 305(5), 37-92-305(8) and 37-92-305(12). Operation of the plan for augmentation will not injuriously affect any owner of or person entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this decree. 30. Burden of Proof. Applicant has met its burden of proof and, therefore, is entitled to a decree approving its change of water rights and plan for augmentation. 31. No injury. The Court determines that the change of water rights and plan for augmentation herein is authorized by law, and if operated in accordance with the terms and conditions of this Decree, will not result in injury to vested water rights and decreed conditional water rights of others. Accordingly, Applicants are entitled to a Decree approving the change of water rights and plan for 13