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<br />DISTRICT COURT, WATER DI'.'ISION 1'0, 3, STATE OF COLORADO
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<br />Case No. 8JCW94 Con! S. 'J:;)P..>'
<br />-- -------- -~- -- -- ---- ------- - -- - - - - - - -. - - - - ----- - - -- - - rr;r or5t - 'lV.Io, C..
<br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE '"
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<br />~N--;;~-;;;;:;;~; OF THE APPLICATION FOR WATER RIGHTS OF "'-,',',j \
<br />~'P /
<br />MALCOLM G. STEWART, JR', /f,/L
<br />IN ALAMOS A COUNTY
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<br />---------------------------~-------------------------------------
<br />
<br />THE COURT, having reviewed the pleadings, affidavlts
<br />and file herein, and now being fully advised in the p:-,,-;,~es,
<br />hereby enters the following decree:
<br />
<br />FINDINGS OF FACT
<br />
<br />1. A verified application for surface water rights
<br />was filed herein by Malcolm G. Stewart, Jr. on December 27, 1983.
<br />
<br />2. All notices of the appl ication herein were du l)'
<br />given ~~ accordance with Colorado law, and the Court has juri~-
<br />diction over the subject matter herein and over all parties
<br />whether or not they have appeared,
<br />
<br />3, A statement of opposition was timely filed herein
<br />on behalf of the Rio Grande Water Conservation District.
<br />
<br />4. The Rio Grande Water Conservation District las
<br />consented to the entry of thifi decree.
<br />
<br />5. On June 29, 1984, applicant submitted a motion to
<br />rerefer the application to the Wat~r Judge certifying his intent
<br />to protest an adverse ruling of the Water Referee. The motion was
<br />3~anted and the application was rereferred to the Water Judge on
<br />July 3, 1984.
<br />
<br />6. After the time for filing statements of opposition
<br />expired, mot," to i~tervene were filed by Jodine Ryan, Royce W,
<br />Jenning~, NaIl"::' G. Evwsher, Dennis Heri tage, Heinz G. He 1 fenstein
<br />and Marianne Helhnstein. Wayne Raiford, Ernest L. Boutillette,
<br />and Clark Van Noy and Betty Van Noy. The motions were granted by
<br />the Court. A motion to amend statement of opposition was filed
<br />by objector Jodine Ryan on April 3, 1985. The motion was granted
<br />in part and denied i~~~~ by the Court's June 13, 1985, Order.
<br />A stipulation dated " '-.!., 1985, was entered between appli-
<br />cant and obJector Jodine Ryan and was filed with the Court.
<br />Pursuant to the stipulation, objector Jodine Ryan consents to the
<br />entry of this decree. Said stipulation is hereby approved, and
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