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37. No Material Iniurv. The terms and conditions provided for in this Decree are adequate <br />to assure that no material injury to any water users will result from operation of the plan for <br />augmentation and change of water rights. <br />38. Measuring Devices. In addition to the measuring devices expressly required by this <br />Decree, Applicant shall install and maintain, at Applicant's expense, such additional meters, <br />gauges, or other measuring devices as are reasonably required by the Water Commissioner or <br />Division Engineer and shall report upon request to the Water Commissioner and /or Division <br />Engineer the readings of such meters, gauges, or other measuring devices pursuant to C.R.S. § <br />37- 92- 502(5)(a). <br />39. Accounting. Applicant has demonstrated an appropriate method of accounting for the <br />diversions and stream depletions and return flow obligations associated with the operation of the <br />decreed plan for augmentation and changes of water rights. In addition to any information <br />required under other provisions of this Decree, Applicant's accounting shall include the <br />following minimum information: (a) the volume of water pumped, type of use, and <br />corresponding depletion for each well included in this plan; (b) the return flow replacement <br />obligations under this decree; (c) the volume of reservoir releases made pursuant to Applicant's <br />plan for augmentation, and the amount of such water dedicated to replacement of historical <br />return flow obligations and the amount delivered for augmentation and replacement; (d) the <br />amount of net evaporation losses from the Barlow Pit, excluding any evaporative losses <br />associated with the Exempt 2.7 Acres; (e) the amount of any additional augmentation supplies <br />allowed under Section 18; (f) the calling water right and its priority; (g) any transportation losses <br />determined pursuant to Section 21.5 of this Decree; and (h) the pumping limits for the Batch <br />Plant Commercial Well and Irrigation Well based on the projection generated pursuant to <br />Sections 20 through 22 of this Decree. The above information shall be collected and recorded on <br />a daily or monthly basis, as required by the Division Engineer, and reported annually, unless <br />monthly reporting is required by the Division Engineer. <br />40. Binding Effect of Decree. Applicant shall record this Decree with the clerk and <br />recorders for Weld and Morgan Counties within ten days after the Decree becomes final upon <br />the expiration of the right of all parties to appeal this Decree. The terms and conditions of this <br />Decree shall bind, and be enforceable against, the Applicant and all future owners of the Barlow <br />Pit, the wells included in this plan for augmentation, and Applicant's Riverside Shares, Jackson <br />Lake Shares and Recharge Credits. <br />41. No Precedent. There was no trial in this matter and no factual issues were litigated. <br />The findings of fact, conclusions of law and Decree were completed as the result of discussions, <br />negotiations and compromises by, between and among Applicant and the Objectors. It is <br />specifically understood and agreed by the parties hereto, and found and concluded by the Court, <br />that the acquiescence of the parties to a stipulated decree under the specific factual and legal <br />compromises reached by the parties shall never give rise to any argument, claim, defense or <br />theory of acquiescence, waiver, bar, merger, stare decisis, res judicata, estoppel, laches, other <br />otherwise, nor to any administrative or judicial practice or precedent, by or against any of the <br />parties hereto in any other matter, case or dispute, nor shall testimony concerning such <br />16 of 17 <br />