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Located in Water Division No. 3, the Rio Grande Basin, as promulgated by the State <br /> Engineer on June 30, 2005, and any amendments thereto. <br /> 24. Accounting Forms: Applicant shall measure diversions and account for <br /> operations under this Decree using accounting form(s) acceptable to the Division <br /> Engineer, and shall provide summaries of such accounting as requested by the <br /> Division Engineer. <br /> 25. Curtailment: Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall <br /> curtail all out-of-priority diversions, the depletions from which are not so replaced as <br /> to prevent injury to vested water rights. <br /> 26. Retained Jurisdiction: Pursuant to C.R.S. § 37-92-304(6), the Court shall <br /> retain jurisdiction over the change of water rights and plan for augmentation <br /> approved herein for a period of five years from the date of this Decree for <br /> reconsideration of the question of whether the provisions of this decree are sufficient <br /> to prevent material injury to any vested water rights or decreed conditional water <br /> rights. The Court's retained jurisdiction may be invoked by any party to this case by <br /> the filing of a timely motion or petition with appropriate notice to all parties. The <br /> party lodging the petition shall have the burden of going forward to establish the <br /> facts alleged in the petition. If this Court finds those facts to be established, <br /> Applicant shall bear the burden of proving that(1) any modification sought by <br /> Applicant will avoid injury to other appropriators; (2) any modification sought by <br /> Objectors is not required to avoid injury to other appropriators; or (3) any term or <br /> condition proposed by Applicant in response to any Objector's petition avoids injury <br /> to other appropriators. <br /> 27. No Precedent Established: This Ruling is the product of compromise and <br /> settlement negotiations between the parties hereto and the issues were not actually <br /> litigated. Accordingly, nothing in this Ruling shall be construed to preclude any party <br /> from litigating, in any different case involving the same or similar issues, any matter <br /> determined in this Ruling. The facts of this case are unique and therefore this Ruling <br /> is not intended to be, and shall not be, construed as a binding precedent in other <br /> cases now pending or hereafter filed in the District Court for Water Division No. 3. <br /> Dated this day of , 2017. <br /> Nicolas Sarmiento <br /> Water Referee <br /> Water Division No. 3 <br /> )039821_4 <br /> Summit Engineering Job Num er: 240328CE 37 <br /> 719-589-6147 <br /> Alamosa, CO <br />