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12. The foregoing findings of Findings of Fact and Conclusions of Law are fully <br /> incorporated herein. <br /> UK The rPR11PCtM eliangib Af fim- of#t:e H,%m,. uitvl: ,,a+w iigi'u� i� <br /> provided adequate acreage is dried up pursuant to a decreed plan for augmentation and consistent <br /> with the following terms and conditions. <br /> a. Should water rights senior to the Home Ditch place a call on the Dolores River, <br /> all water usage on the Property shall cease,except evaporation. <br /> b. The Property may not be irrigated from return flows or tailwater. <br /> C. All of the water allowed to he delivetrrt hPrpninApr fnr the AangpA 2 n d-& hi».riot <br /> consumptively used by Applicant, shall be returned directly to the Dolores River <br /> via the existing or future drainage ditches or pipelines located upon the Property. <br /> The point of return flows into the Dolores River are shown on Exhibit "A" <br /> attached hereto and made a part hereof. <br /> d. Applicant shall comply with the orders of the State or Division Engineer to install <br /> necessary measuring devices at the point of diversion, and shall keep records and <br /> make reports as reasonably requested by the State or Division Engineer. <br /> 14. Pursuant to C.R.S. §37-92-305(8)(c), the State Engineer shall curtail all out of priority <br /> diversions, the depletions from which are not so replaced as to prevent injury to vested water <br /> rights. <br /> 15. Retained Jurisdiction. <br /> a lhireviwnt trt the nm.riainwe of !•'D Q Q 17 m '!AA/L\ i-t— f+ -► L..il a_•, <br /> t/aV.aJ.vaaV Va \r.a\.Y. trV•7`{,JJ, U0. 4VN14 �lSal4 ig» <br /> jurisdiction and the decree hereunder is subject to reconsideration by the Water Judge on the <br /> question of injury to vested water rights of others for a period of five years after the Applicant <br /> has provided notice to the Court and Division Engineer of the completion of mining on the <br /> Property. <br /> b. During the period of retained jurisdiction, in the event that any party to this can <br /> petitions the Court for reconsideration of the change of water rights, the Court shall order <br /> Ant1T'Anr1AtP HA1;1-^ to 1kA rn'um% :^ all 1.�s+.. C 1. Hs1.,.. -it L A � r_�a_ <br /> -�-1-- r - iv l+aaaww aa.avw. YYWI a.uuvu a.luii i�c 111Q %7 "I gut-pul ItUU2, <br /> under oath, and shall set forth with particularity the factual basis upon which the requested <br /> reconsideration is premised, together with proposed decretal language to effect the petition. If <br /> someone other than the Applicant seeks to invoke the Court's retained jurisdiction, the party <br /> seeking to invoke the retained jurisdiction shall have the burden of going forward with evidence <br /> to establish the existence of the injury alleged. <br /> 16. This Decree was entered pursuant to an agreement of the nartice ThP AnAlt Ont wnA <br /> Dolores Water Conservancy District ("DWCD"), shall not be collaterally estopped from <br /> asserting any factual and/or legal issues in any other cases not involving the water rights changed <br /> herein. <br /> 17. The diversions of water, under this change of water right, shall be administered by the <br /> 3 <br />