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JUDGMENT AND DECREE <br /> 35. The Findings of Fact and Conclusions of Law set forth above are hereby incorporated <br /> into the terms of this Judgment and Decree as if the same were fully set forth herein. <br /> 36. The water rights described in Paragraphs 4 through 11 above are confirmed and decreed <br /> absolute. <br /> 37. The plan for augmentation described in Paragraphs 12 through 20 above is approved and <br /> decreed. <br /> 38. The application for water rights confirmed above for the Larimer Pits and Mariana Butte <br /> Pit was filed in the year 2000, and the amended application for water rights confirmed above for <br /> the Baer Pit was filed in the year 2001. The priority dates awarded shall establish their relative <br /> priorities among other water rights or conditional water rights awarded on applications filed in <br /> 2000 for the Larimer Pits and Mariana Butte Pit and 2001 for the Baer Pit; but such water rights <br /> shall be junior to all water rights or conditional water rights awarded on applications filed in any <br /> previous calendar year, and shall also be junior to all priorities awarded in decrees entered prior <br /> to June 7, 1969, or decrees entered in proceedings which were pending on such date. <br /> 39. Pursuant to C.R.S. § 37-92-305(8), 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 /> 40. Retained Jurisdiction: <br /> 40.1 Pursuant to C.R.S. § 37-92-304(6), the approval of the above plan for <br /> augmentation is subject to reconsideration by the water judge on the question of injury to the <br /> vested rights of others for a period of 5 years after the date of this decree. <br /> 40.2 The Court shall retain jurisdiction regarding the final determination of the total <br /> exposed surface acres at the Larimer Pits for the period of time set forth in Paragraph 18.1. <br /> Retained jurisdiction must be invoked pursuant to the requirements of Paragraph 18.1. <br /> 41. The claim for a change of water right for the Rist& Goss Ditch is dismissed. The terms <br /> of Case No. W-7412 remain unaffected by this decree. <br /> Dated January 8, 2010. <br /> By the court: <br /> James F. Hartmann <br /> Water Judge <br /> Water Di.ision No. I <br /> Th,_ document 1,a%filed pttrutant to C RCP I-2h printable ,•er;cton of the electronic alit Signe d <br /> order i%available to the C'ourt's rieurunk file <br /> 14 of 14 <br />