2011-03-14_REVISION - M1977493 (40)

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CM0001339 Findings of Fact, Conclusions of Law, Judgment and Decree Case Nos. 92CW233 and 92CW336 - Page 65 • of this Decree, there will be no injurious effects to the vested or decreed conditional water rights of others. 8.7 Retained Jurisdiction. 8.7.1 Pursuant to C.R.S. § 37-92-304(6), the Court shall retain jurisdiction over the change of water rights granted herein for reconsideration of the question of whether the provisions of this Decree are necessary or sufficient to prevent injury to vested water rights in terms of the amount and timing of water available to such other water rights. Unless otherwise previously extended pursuant to § 37-92-304(6) on the grounds that the non-occurrence of injury shall have not been conclusively established, the Court's retained jurisdiction shall automatically terminate ten (10) years after the date of entry of this Decree. During said period, the Court's retained jurisdiction may be invoked by any existing party to this case by petition, with appropriate notice to all other parties. The petition shall set forth with particularity the specific injury alleged, together with proposed decretal language that the petitioner contends would remedy the alleged injury that is the basis for the petition. The party lodging the petition shall have the burden of going forward to establish the prima facie injury alleged in the petition. 8.7.2 Notwithstanding the provisions of subparagraph 8.7.1 above, the Court shall retain jurisdiction over the terms and conditions regarding the lease of consumptive use water contained in Section 6.3 until such time as the Subject Water Rights are permanently transferred from the Climax Mine. 8.8 Filing of Copies. A copy of this Decree shall be filed with the Water Clerk for Water Division No. 5, and the Decree shall become effective upon such filing. Copies shall also be filed with the State Engineer and the Division Engineer for Water Division No. 5. 56642.WPD:5