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acquiescence of any party to a stipulated decree be allowed in any other matter, case or dispute. <br />All parties stipulate and agree that they do not intend the findings, conclusions and decree in this <br />matter to have the effect of precedent or preclusion on any factual or legal issue in any other <br />matter. The parties further stipulate and agree that they each reserve the right to propose or to <br />challenge any legal or factual position in any other plan for augmentation or other matter filed in <br />this or any other court without limitation by these Findings, Conclusions or Decree. <br />42. General Retained Jurisdiction. Pursuant to C.R.S. § 37 -92- 304(6), the decreed plan <br />for augmentation and change of water rights shall remain subject to reconsideration on the issue <br />of injury to vested water rights of others which may result from future operation of the plan for <br />augmentation or changes of rights for three (3) years following entry of this Decree. The Court's <br />retained jurisdiction may be invoked by the Applicant, any Objector, or any other person who <br />may be legally entitled to do so by proper motion. Any person, including Applicant, who files <br />such a motion shall serve a copy thereof, by certified mail, return receipt requested, on counsel <br />of record for all parties who have appeared in this matter. Any motion to invoke the retained <br />jurisdiction shall set forth with particularity the factual basis giving rise to the dispute and /or <br />alleged injury or violation of this Decree upon which the requested reconsideration is premised, <br />together with proposed decree language modifications offered by the moving party or relief <br />requested to settle the dispute or remedy the alleged injury or violation. Any party wishing to <br />object to the motion shall file its objection no later than sixty days from the date of service of the <br />motion on counsel of record for the parties. The moving party shall have the initial burden of <br />going forward to establish the prima facie facts and the existence of the dispute, injury or <br />violation alleged in the motion, then the Applicant shall have the burden of proof to show either <br />that there is no dispute or that the alleged injury or violation has not occurred or will not occur, <br />or to propose additional terms and conditions which will resolve the dispute or prevent injury or <br />violation from occurring. Except to the extent subject to retained jurisdiction, the Findings of <br />Fact, Conclusions of Law, and Decree are final. <br />43. Special Retained Jurisdiction. The Court shall retain jurisdiction permanently to <br />resolve any disputes arising out of Section 18 above. <br />44. Administration by State and Division Engineers. The State Engineer and Division <br />Engineer shall administer this Decree in accordance with the terms and conditions decreed by <br />this Decree. <br />Dated November 18, 2009. <br />By the court, <br />?Jalmle�—s F. Hartmann <br />ater Judge <br />ater Division No. I <br />This document ma piled,n anus nt to) CS C'11 fit -: b. .4 ��riatclhls �rrsiun oft /tc a de ^t'trar�a4'ctllr' .ii�nc rf <br />order is anualuhlr- in the C'twrl'% electronic file. <br />17 of 17 <br />