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l <br />Case No. 94CW036, Findings of Fact, Conclusions of Lew end <br />Decree of the Court Approving Absolute and Conditional Ground <br />Water Rights, Plan of Augmentation and for Change of Wa[er Rights, <br />Application of the City of Black Hawk <br />Page 34 <br />Colorado law, and will not result in any injury to any owner ofor person entitled to use water under a <br />vested water right or a decreed conditional right, if operated in accordance with this decree. <br />28. This decree is authorized by law and within the jurisdiction of this court. C.R.S. <br />37-92-101 et seq., as amended. <br />29. Applicant has complied with atl requirements and met all standards and burdens of <br />proof, including but not limited to C.R.S. §§ 37-92-302, 37-92-304 and 37-92-305, to adjudicate its <br />absolute ground water rights, plan of augmentation and changes of water rights decreed herein. <br />30. Review of determinations made by the Division Engineer in the administration ofthe <br />accounting procedures and forms associated with this decree is a `wvater matter", over which this <br />Court has jurisdiction. C.R.S. § 37-92-101 et seq. <br />ORDER, TUDGMENT AND DECREE <br />Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby adjudged, <br />ordered, and decreed that: <br />31. Each of the Findings of Fact and each of the Conclusions of Law set forth above is <br />incorporated herein by this reference. All attachments and exhibits to this decree are incorporated <br />herein by this reference. <br />32. The application for absolute ground water rights, plan of augmentation and change of <br />water rights as set forth above, is granted and approved as requested, subject to the following <br />changes, and the following terms and conditions: <br />33. Pursuant to C.R.S. § 37-92-304(6), approval ofthe changes ofwater rights and plans <br />for augmentation shall be subject to reconsideration by the Water Judge on the question of injury to <br />the vested rights of others for ten (10) years from entry of this Decree, except that the parties to the <br />stipulation identified in paragraph 35, below, are precluded by said stipulation from invoking retained <br />jurisdiction under Thornton v. Deaver, 44 P.3d 1019 (Colo, 2002) for reconsideration ofinjury based <br />on water quality issues, except as permitted by said stipulation. <br />34. The following terms and conditions are hereby included in this decree to prevent injury <br />Yo other water users: <br />