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961079 04/24/2018 08.32 AM <br /> Page 14 of 18 <br /> augmentation. <br /> 34. Retained Jurisdiction. <br /> 34.1. Pursuant to the provisions of C.R.S. §37-92-304(6), the plan for <br /> augmentation decreed herein shall be subject to the reconsideration of this Court on the question <br /> of material injury to vested water rights of others for a period of five years from the date of entry <br /> of this Decree. The operation of this plan for augmentation will commence in full upon entry of <br /> this Decree, as the South Forty Ponds are already in existence and the evaporative depletions must <br /> be replaced, and the retained jurisdiction will therefore start from the date of the entry of this <br /> Decree. Any party, who has participated in this case as an objector, may within said five-year <br /> period, petition the Court to invoke its retained jurisdiction. Any such objector seeking to invoke <br /> the Court's retained jurisdiction shall file a verified petition with the Court setting forth with <br /> particularity the factual basis for requesting the Court to reconsider material injury to petitioners' <br /> vested water rights associated with the operation of this decree, together with proposed decretal <br /> language to effectuate the petition. The party filing the petition shall have the burden of proof of <br /> going forward to establish a prima facie case based on the facts alleged in the petition. If the <br /> Court finds those facts to be established, Applicant shall thereupon have the burden of proof to <br /> show: (a) that the petitioner is not materially injured, or (b) that any modification sought by the <br /> petitioner is not required to avoid material injury to the petitioner, or (c) that any term or <br /> condition proposed by Applicant in response to the petition does avoid material injury to the <br /> petitioner. The Division of Water Resources as a petitioner shall be entitled to assert material <br /> injury to the vested water rights of others. If no such petition is filed within the five year period <br /> and the retained jurisdiction period is not extended by the Court in accordance with the revisions <br /> of the statute, this decree shall become final under its own terms. <br /> 34.2. Other Retained Jurisdiction. This Court shall also retain jurisdiction, until <br /> otherwise ordered by the Court, for purposes of Paragraph 18 in allowing and determining the <br /> adequacy of substituted augmentation water supplies for replacement of depletions under this <br /> Decree. <br /> 35. Issuance of Well Permits. The Court determines and orders that the State Engineer <br /> shall issue a well permit for the South Forty Ponds in accordance with this decree. <br /> 36. No Exchange. No appropriative right of exchange was sought by South Forty in <br /> this case and no appropriative right of exchange is granted by this Decree. <br /> 37. As to the conditional groundwater right awarded herein, and pursuant to C.R.S. 37- <br /> 92-301(4)(a), South Forty shall file an application for a finding of reasonable diligence every <br /> sixth year after the calendar date in which this conditional water right is hereby decreed or a <br /> subsequent diligence decree issued, and if not so filed, unless an absolute decree is issued, this <br /> conditional water right shall be considered abandoned. South Forty shall, during the month of <br /> April, 2024, file an application for a finding of reasonable diligence herein unless prior to that <br /> Lindner/Aug Plan AppVPleadings/Mtn for Entry of ROR/Final ROR Decree 2-7-2018 Clean.doc 14 <br />