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Case Nos. 05CW278 and 06CW 12 (Consolidated) <br />Applicant: Flag Resources, Inc. <br />Findings of Fact, Ruling of Referee, and Judgment and Decree of Water Court <br />Page 9 <br />permit applications hereunder, the State Engineer shall be governed by this Decree and <br />the permits shall be in accordance with the provisions of this Decree. <br />4. The Court hereby decrees and approves the plan for augmentation <br />described herein. <br />5. The transit losses identified in the Application are for the purposes of <br />evaluation of the plan for augmentation. Transit losses charged in the delivery of' tile <br />augmentation water pursuant to the augmentation plan may be modified by the Division <br />Engineer in accordance with and to the extent authorized under applicable law. <br />. 6. In consideration of the specific findings and conclusions made herein, and <br />in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the plan for <br />augmentation decreed herein shall be subject to reconsideration by the Water Judge on <br />the question of injury to the vested water rights of others for a period of five years from <br />the date of entry of this decree. If no petition for reconsideration is filed within said <br />five years, retention of jurisdiction For this purpose shall automatically expire. Any <br />party who wants the Court to reconsider the question of injury must file a verified <br />petition with the Court, setting forth the facts that cause such injury and explaining the <br />claimed injury. The party filing the petition shall have the burden of going forward to <br />establish the prima facie facts alleged in the petition. If the Court finds those facts to <br />be established, the Applicant shall thereupon bear the burden of proof to show (a) that <br />any modification sought by the Applicant will avoid injury to other water rights, or (b) <br />that any modification sought by the petitioner is not required to avoid injury to other <br />water rights, or (c) that any term or condition proposed by Applicant in response to.thc <br />petition does avoid injury to other water rights. <br />7. In conformance with Colo. Rev. Stat. § 37-92-305(8), the State Engineer <br />shall curtail all out-of-priority diversions, the depletions from which are not so replaced <br />as to prevent injury to vested water rights. <br />Applicant shall install measuring devices, provide accounting and supply <br />calculations regarding the timing of depletions as required by the Division Engineer for <br />the operation of this augmentation plan. Applicant shall file an annual report with the <br />Division F,ngineer by November 15 of each year summarizing diversions and <br />replacements made under this plan: Each year, applicant shall provide the Division <br />Engineer copies of receipts or other documentation evidencing the existence of a valid <br />water allotment contract for replacement water. <br />8.