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26.2 Measurement. Applicant shall install, operate and maintain, at its own expense, <br /> all meters, gauges and other measuring and recording devices reasonably required by the State <br /> Engineer and Division Engineer for administration of the water rights that are the subject of this <br /> Decree in accordance with C.R.S. § 37-92-502(5). <br /> 27. Retained Jurisdiction. <br /> 27.1 Under C.R.S. § 37-92-304(6), the Court shall retain jurisdiction over the amended <br /> augmentation plan and changes of water rights granted herein for reconsideration of the question <br /> of whether the provisions of this Decree are sufficient to prevent injury to vested water rights for <br /> a period of five years from the date of initiation of operation of the amended plan for <br /> augmentation. Applicant will provide notice to the parties to this case of the initiation of the <br /> operation of the amended plan for augmentation. Prior to the expiration of this time period, the <br /> period may be extended as provided in C.R.S. § 37-92-304(6). Consistent with Paragraph <br /> 6.4.3(c), the Court shall retain continuing jurisdiction over any disputes relating to Applicant's <br /> use of sources of augmentation and return flow replacement water not specifically authorized by <br /> this Decree. The Court will also maintain continuing jurisdiction over disputes regarding <br /> accounting. <br /> 27.2 The Court's retained jurisdiction may be invoked by any existing party to this <br /> case by petition with notice to all other parties. The petition shall set forth with particularity the <br /> facts that the petitioner claims are causing injury, together with proposed language that the <br /> petitioner contends would remedy the alleged injury that is the basis for the petition. Other <br /> parties shall have 56 days from the service of the petition to file a response thereto. The party <br /> lodging the petition shall have the burden of going forward to establish a prima facie showing of <br /> the injury alleged in the petition, and the Applicant shall then have the burden of proof to show <br /> that the alleged injury has not occurred or to propose additional terms and conditions that will <br /> prevent injury. <br /> 28. No Precedent. <br /> There was no trial in this matter and no issues were litigated. The Findings of Fact, <br /> Conclusions of Law, Judgment and Decree were completed as the result of substantial <br /> discussions, negotiations, and compromises by, between and among the Applicant and the <br /> Objectors. It is understood and agreed by the Applicant and the Objectors hereto, and found and <br /> concluded by the Court, that the acquiescence of the Applicant and the Objectors to a stipulated <br /> decree under the specific factual and legal circumstances of this contested matter and upon the <br /> numerous and interrelated compromises reached by the Applicant and the Objectors shall never <br /> give rise to any argument, claim, defense or theory of acquiescence, waiver, bar, merger, stare <br /> decisis, res judicata, estoppel, laches, or otherwise, nor to any administrative or judicial practice <br /> or precedent, by or against the Applicant and the Objectors hereto in any other matter, case, or <br /> dispute, nor shall testimony concerning such acquiescence of the Applicant and the Objectors to <br /> a stipulated decree herein be allowed in any other matter, case, or dispute. The Applicant and <br /> Objectors stipulate and agree that they do not intend the Findings of Fact, Conclusions of Law, <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 27 <br />