2012-11-02_REVISION - M1984094 (3)

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Case No. 2002CW389 Page 27 of 28 32. In addition to the measuring devices expressly required herein, Applicants shall install and maintain, at Applicants' expense, such additional meters, gages, or other measuring devices as are reasonably required by the Water Commissioner or Division Engineer for administration of this decree, and shall report at times required by this decree or more frequently as required by the Water Commission and /or Division Engineer the readings of such meters, gauges, or other measuring devices pursuant to § 37- 92- 502(5)(a), C.R.S. 33. Subject to the provisions set forth in this decree, the release of water pursuant to this augmentation plan for replacement of depletions from the Participating Diversions will ensure that the Districts provide replacement water necessary to meet the lawful requirements of senior diverters at the time and location and to the extent that seniors would be deprived of their lawful entitlement by the Participating Diversions. So long as such replacement water continues to be provided pursuant to the terms of this Decree, the plan for augmentation decreed herein shall be sufficient to permit the continuation of diversions when curtailment would otherwise be required to meet a valid senior call for water. Pursuant to §37 -92- 305(8), C.R.S., the State Engineer shall curtail all out -of- priority diversions hereunder, the depletions from which are not so replaced as to prevent injury to vested water rights. 34. Pursuant to §37 -92 -304, C.R.S., the Court retains jurisdiction of this case for reconsideration on the question of injury to the vested water rights of others or to reconsider the presumptive diversion and depletion values for residential dwellings for a period of 10 years after entry of this Decree. The Court shall also retain jurisdiction of this case indefinitely for consideration of amendments to this plan to alter the boundary of the area covered by this Plan for Augmentation or to allow for augmentation of other types of uses within the augmentation area. The Court's jurisdiction may be invoked by any existing party to this case, or successors in interest thereto, by motion or petition to the Court, and proper notice to all other parties. Any such request shall state with particularity the factual bases for requesting that the Court evaluate injury to vested water rights. Unless otherwise stated herein, the party filing the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, Applicants shall thereupon have the burden of proof to show: (a) that any modification sought by Applicant will avoid injury to other appropriators, or (b) that any modification sought is not required to avoid injury to appropriators, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other appropriators. If no such petition is filed within the ten year period and the retained jurisdiction period is not extended by the Court in accordance with the provisions of the statute, this matter shall become final under its own terms. Any request to amend this plan by the Districts, including any alteration of the Service Area, shall require the filing of an application with the Water Clerk and full notices required by law.