2017-07-31_REVISION - M1991133 - Laserfiche WebLink

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Located in Water Division No. 3, the Rio Grande Basin, as promulgated by the State Engineer on June 30, 2005, and any amendments thereto. 24. Accounting Forms: Applicant shall measure diversions and account for operations under this Decree using accounting form(s) acceptable to the Division Engineer, and shall provide summaries of such accounting as requested by the Division Engineer. 25. Curtailment: Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights. 26. Retained Jurisdiction: Pursuant to C.R.S. § 37-92-304(6), the Court shall retain jurisdiction over the change of water rights and plan for augmentation approved herein for a period of five years from the date of this Decree for reconsideration of the question of whether the provisions of this decree are sufficient to prevent material injury to any vested water rights or decreed conditional water rights. The Court's retained jurisdiction may be invoked by any party to this case by the filing of a timely motion or petition with appropriate notice to all parties. The party lodging the petition shall have the burden of going forward to establish the facts alleged in the petition. If this Court finds those facts to be established, Applicant shall bear the burden of proving that (1) any modification sought by Applicant will avoid injury to other appropriators; (2) any modification sought by Objectors is not required to avoid injury to other appropriators; or (3) any term or condition proposed by Applicant in response to any Objector's petition avoids injury to other appropriators. 27. No Precedent Established: This Ruling is the product of compromise and settlement negotiations between the parties hereto and the issues were not actually litigated. Accordingly, nothing in this Ruling shall be construed to preclude any party from litigating, in any different case involving the same or similar issues, any matter determined in this Ruling. The facts of this case are unique and therefore this Ruling is not intended to be, and shall not be, construed as a binding precedent in other cases now pending or hereafter filed in the District Court for Water Division No. 3. Dated this day of , 2017 Nicolas Sarmiento Water Referee Water Division No_ 3 , .. 0013 'x` Summit Engineering Job Number: 1707122CE 37 719-589-6147 ,{ Alamosa, CO