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Riverside Reservoir and Land Company Riverside Irrigation District Farmers State Bank of Brush Case No. 90-CW-189 Page 20 ~. the requested reconsideration is premised. The person lodging the petition shall have the burden of going forward to establish the rima facie facts alleged in the petition. If a prima facie case of injury to vested water rights is established, Applicants shall thereupon bear the burden of proof to show (a) that any modification sought by any other person is not required to avoid injury to other appropriators, or (b) that any term of condition proposed by Applicants in response to the petition does avoid injury to other appropriators. II. CONCLII8ION8 OF LAW 45. The Water Referee sitting in this Court ha:; jurisdic- tion over the subject matter of these proceedings and over all who may be affected thereby, whether they have chosen to appear or not. See C.R.S. §§37-92-203 and 37-92-302. 46. Timely and adequate notice of the pendency of this action was given in the manner provided by law. See C.R.S. §37- 92-302(3). 47. The application for water rights and plan for augmenta- tion decreed herein are, as a matter of law, permissible and come within the definitions authorized by statute. See C.R.S. §§37- 92-103(9), 37-92-302(1)(a), and 77-92-305(3). 48. The terms and conditions as set forth in this decree are adequate to prevent injury to the owners of, or persons entitled to use, water under a vested water right or a decreed conditional water right. See C.R.S. §37-92-305(3) and (4). 49. This decree is administrable by the water officials of the State of Colorado provided that the Applicants furnish to the Division Engineer or his representative the data and accounting forms discussed herein. III. RULING Zt is, therefore, the Ruling of the Referee that: 50. The foregoing Findings of Fact and Conclusions of Law are fully incorporated herein.