PROJ01754

• Contract/PO #: FS0043X
• Contractor Name: Colorado Department of Corrections
• Contract Type: Miscellaneous
• Water District: 0
• Loan Projects - Doc Type: Application

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Attachment D, 25 page

IN THE DISTRICT COURT

I~ AND FOR ~^TER DIVISION NO.5

STATE OF COLORADO

Case r~o.\J3758

IN THE MATTER OF THE APPLICA-
TION FC~ WATER.RIGHTS OF:

)
)
)
THE STATE OF COLORADO, DEPART- )
MENT OF NATU~AL RESOURCES, DI- )
VISION OF PA~KS AND OUTDOOR )
RECkEATION IN THE COLORADO )
RiVER, TRIBUTAKY INVOLVED-- )
MIDDLE RIFLE CREEK. )

FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECREE
APPROVING AMENDED.PLAN
FOR AUGMENTATIUN
INCLUDING EXCHANGE

H.z
C"OMN/~
THIS ~IATTER, having come on for l-It:;cHirrg on

()C~&~l'~i'l'j7-Z:. upon the application of the State of (010-

rado. Department of Natural Resources, Division of Parks

and Outdoor Recreation (hereinafter referred to as appl icant)

for approval of an amended plan for augmentation including

exchange which was filed origina11y:on May 30, L978 and

amended on November L5, 1978, and the court havin] considered

the pleadings, the files herein, and the evidence presented,

FINDS:

1. Timely and adequate notice of the application

filed herein was given in the manner required by law, and

the water judge sitting in this court has jurisdiction over

the subject matter of this proceeding and over all parties

aff~cted hereby, whether they have appeared or not. State-

ments of opposition were filed herein on behalf of Ray D.

Walker and Phyll is E. walker and the Colorado River Water

Conservation District, an entry of appearance was filed by

the City of Rifle.

2. Appl i cant owns th~ follow i ng water rights:

A. HcinZ~ Ditch, Priority No. 07 in former Water

District 39 for 1.0 cfs.

B. Heinze Ditch. Priority No. 102 in former Watgr

District 39 for 2.H cfs.