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order appropriate notice to be given to all the parties hereto. Such petitior, shat! be. made <br />in good faith, under oath, and shall set forth with partii :'t?rity the factual basis upon which <br />the requested reconsideration is premised. The party lodging the petition shall have the <br />burden of going forward to establish the plinri facie facts alleged in the petition. If a Om <br />fade case of injury to vested water rights is established, Applicant shall thereupon bear the <br />burden of proof to show, pursuant to Section 37- 92- 305(8), C.R.S., (a) that any <br />modification sought by any other party is not required to avoid injury to other appropriators, <br />or (b) that any term or condition proposed by Applicant in response to the petition avoids <br />injury to other appropriators. The court also retains jurisdiction in this matter for a period <br />of time until the sand pit has been fully developed and the parties are notified of this fact <br />pursuant to paragraph 23.F below. to add additional sources of replacement water if the <br />nontributary groundwater sources decreed herein are deemed to be insufficient in quantity <br />for Applicant's operation of the sand pit. Applicant may reopen the decree herein for said <br />purpose, by notification of the parties herein. <br />F. Period of Retained Jurisdiction: The Court retains jurisdiction in this matter. <br />to determine whether injury is in fact precluded or needs to be further remedied, until a <br />period of five (5) years after mining operations have ceased. The pericd of retained <br />jurisdiction is ior, but is not limited to, assuring that the sandpit has either been lined or <br />filled, that the water designated as the replacement source in this decree is adequate, or <br />that an alternative water supply has been secured to replace any evaporative depletions. <br />This period of retained jurisdiction is specific to this case and will have no precedental <br />effect in other cases. Retained jurisdiction shall be involved for this purpose as set forth <br />in paragraph 23E. Applicant will notify the parties herein when the sand pit has been fully <br />developed and when mining operations have ceased for the purpose of calculating the <br />period of retained jurisdiction. <br />Date:_ 2 1 AI (o <br />1 ' )I f l c.4ovu :n xicu.Iautlt N 1,141, <br />Jonathan W. Hays <br />Water Judge <br />Water Division 1 <br />