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Decree of the Water Court <br />Case No. 03CW8, Water Div. 2 <br />Transit Mix of Pueblo, Inc., et al. <br />Page 16 <br />other storege vessel, then following entry of such decree the Applicants, with notice to all opposers, <br />may petition the Court to withdraw its water leased from Pueblo Board of Water Works and/or its <br />shares of stock in Twin Lakes Canal and Reservoir Company as sources of augmentation water <br />in this plan for augmentation. Such petition shall be granted if Applicants proves by a <br />preponderance of the evidence that the removal of such water rights from the augmentation plan <br />will not result in too little water being available to replace the depletions required to be replaced <br />pursuant to this plan for augmentation. <br />43. Southeastern stipulated to entry of this decree without a requirement that all net <br />evaporation from pre-1981 gravel pit reservoirs be fully augmented, solely for the purpose of <br />settlement. Entry of this decree without the requirement of fully augmenting evaporation from pre- <br />1981 reservoirs shall not act as a precedent for any future cases in which this is an issue, nor shall <br />it bind Southeastern in any such future cases. <br />44. The stipulation between Applicants and the City of Aurora for entry of this decree <br />shall not be construed as concurrence by either of them beyond this decree with any findings of <br />fact or conclusions of law contained herein, orwith the engineering methodologies utilized by either <br />party in arriving at their stipulation. <br />45. The Court shall retain jurisdiction over this application for a period of five years from <br />the date of entry of this decree, pursuant to C.R.S. 37-92-304(6). Any person seeking to invoke <br />the retained jurisdiction of the Court shall file a verified petition with the Court. The petition shall <br />set forth with particularity the factual basis upon which the requested reconsideration is premised, <br />together with proposed decretal language to effect the petition. The person lodging the petition <br />shall have the burden of going forward to establish prima facie facts alleged in the petition. If the <br />15003 h/transit mix/decree 02-22-09