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Decree <br /> Case No. 04CW6 <br /> 39. No Precedent. There was no trial in this matter and no issues were litigated. This <br /> decree is the result of substantial discussions, negotiations and compromises by, <br /> between and among Applicants and the several Objectors pertaining to all parts of <br /> the findings, conclusions and Decree. It is specifically understood and agreed by <br /> the parties hereto, and found and concluded by the Court, that the acquiescence of <br /> the parties to a stipulated decree under the specific factual and legal circumstances <br /> of this contested matter and upon the numerous and interrelated compromises <br /> reached by the parties shall never give rise to any argument, claim, defense or <br /> theory of acquiescence,waiver, bar, merger, stare decisis, res judicata, estoppel, <br /> laches, or otherwise, nor to any administrative or judicial practice or precedent, by <br /> or against any of the parties hereto in any other matter, case or dispute, not shall <br /> testimony concerning such acquiescence of any party to a stipulated decree herein <br /> be allowed in any other matter,case or dispute. All parties stipulate and agree <br /> that they do not intend the findings, conclusions,judgment and decree to have the <br /> effect of precedent or preclusion on any factual or legal issue in any other matter. <br /> The parties further stipulate and agree that they each reserve the right to propose <br /> or to challenge any legal, engineering or factual position in any other application <br /> for approval of a change of water rights or plan for augmentation or other Water <br /> Court application filed in this or any other court without limitation by these <br /> finding, conclusions,judgment and Decree. <br /> 40. Retained Jurisdiction In'addition to the specific retained jurisdiction provisions <br /> of this decree, pursuant to §37-92-304(6), C.R.S.,the Court retains continuing <br /> jurisdiction over the change of water rights and augmentation plan decreed herein <br /> on the question of injury to vested water rights, including exchanges, or decreed <br /> conditional water rights of others for a period of 5 years after Applicant has <br /> completed its mining and reclamation operations as described herein and notified <br /> the Court and opposers of such completion. Any existing party may request at <br /> any time within the period of retained jurisdiction a hearing before the Court for <br /> the purpose of reconsideration of the question of injury to vested water rights or <br /> decreed conditional water rights. Any such request shall be made by petition to <br /> the Court, served on all parties herein,and made in good faith, stating with <br /> particularity the factual basis upon which it is asserted that injury has occurred or <br /> will occur. The party lodging the petition shall have the burden of proof to <br /> establish the facts and injury alleged in the petition. If a prima facie case of <br /> injury to vested water rights is established, the Applicant shall bear the burden <br /> to show(a)that no injury claimed by the other party has occurred or will occur, or <br /> (b)that any modification to this Ruling and Decree sought by the other party is <br /> not required, or (c) that any term or condition proposed by Applicant in response <br /> to the petition is adequate to avoid injury. <br /> i <br /> 16 <br />