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'U", oJ':t ':t PAcr 'if { I DISTRICT COURT, WATER DIVISION NO.2, COLORADO Case No. ~ @@jpW I JUDGMENT AND DECREE t~~ iFU o . ;;~2' -~e. :!P.", WATER CONSERVAfifj It&lOM4AM IN THE MATTER OF THE APPLICATION OF THE UPPER ARKANSAS FOR A PLAN FOR AUGMENTATION IN CHAFFEE AND FREMONT COUNTIES. I THE COURT FINDS that no protest has. been filed to the Final RUling of Referee within the time provided by law, but finds that a Motion to Amend Final RUling of Referee has been filed by Applicant, Upper Arkansas Water Conservancy District, and Opposers State Engineer,- Division Engineer and Southeastern, Colorado Water conservancy District. The Court finds that said RUling should be amended as follows and, as amended, should be confirmed, approved and adopted. IT IS, THEREFORE, ORDERED that Paragraph 4 on page 3 of the Final RUling of Referee is amended to read as follows: Applicant proposes to augment various wells, and.surfa~e water diversion structures for on-streamreservo1rs for evaporation purposes only, within the boundaries of Upper Arkansas Water Conservancy District as limited by the demarcations (hereinafter referred to as the -blue lineW) A-A-on the south and west sides of the main stem of the Arkan~as River; B-B on the north and east.sides of the river; the east boundary of the Upper Arkansas Water Conservancy District on the downstream end of the Plan; and the north boundary of Chaffee County on the uppermost reach of the Arkansas River within the Plan. Wells and surface structures meeting the foregoing criteria will be referred .to as Wauthorized diversions. under this plan. The structures are those that may need water to augment their new or amended Use in a manner that will not result in injury to other water users. I IT IS FURTHER ORDERED that Paragraphs C. 3) and C. 4) on page 6 of the Final Ruling of Referee is amended to reatl as follows: 3) In-house use with 'central sewer system returning water to the stream will be 0.016 acre feet per year per house for all areas. I I I I I L I(CnD~rWtl~.1l FED Z I MARY RUN BELMAIl 1994 ClW"FU. lXlUtIJ'f Jl[QJM)lI 27.1.8~7 ?r,r. 544 'Acr45R I DISTRICT COURT, WATER DIVISION NO. 2 STATE OF COLORADO Case No. 92CW84 "',,; lI'I-~ Tj.))\~i . \~~;lhs'" .:..\ JAN. 2 1 '94 AM FINAL RULING OF REFEREE I IN THE !lATTER OF THE APPLICATION OF TIlE UPPER ARKANSAS WATER FOR A. PLAN FOR AUGMENTATION IN CHAFFEE AND FREIIONT COUNTIES. I I THIS HATTER comes on for Referee's hearing this 12th day of January, 1994 upon notice duly served on all_parties hereto. Present at the hearing are the Honorable Clyde B. Young, Jr~, Water Referee, Division No.' 2; Ken Baker, attorney repre- senting Upper Arkansas Water Conservancy District, together with w. R. Smith, applicant.s engineer; Denzel Goodwin and Thomas Young, members of applicant.s board of directors. Also present are Jennifer L. Gimbe"l, Esq.; First Assistant Attorney General, together with Steven J. Witte, Division Engineer; steve Lautenschlager, Assistant State Engineer; and Steve Kastner of the Division Engineer's Office. Also present are Robert F. T. Krassa, Esq., representing Round HountainWater District and City of Florence; and Tom Simpson, Engineer for Southeastern Colorado Water Conservancy District. . I Applicant presented eight exhibits with leave to withdraw Exhibit 4 ~epresentipg a final ruling which is herewith modified by agreement of the parties and Exhibit 5 which are maps depicting the blue'lined area to be copied in mylar and resubmi tte~, attached hereto as Exhibit 1. I FINDINGS OF FACT 1. .rn.II!l!: I Applicant1s Name: Upper Arkansas Water Conservancy District c/o Ken Baker, p.e. P. O. Box 1083 Salida, Colorado 81201 That said application was filed December 10, 1992. I 2. NOTICE AND PROTESTS: I That the Water Clerk caused PUblication of such filing as provided by statute: that such PUblication costs have been paid; that the time for filing statements of opposition expi~~d the last day of February, 1993 and that statements of opposition have been filed by Harold D. (Hal) Simpson, state 4) In-house use with septic tank and leach field sewage systems will be 0.031 acre feet per year per house for all areas. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Final Ruling of Referee entered on January 21, 1994, as amended herein, be and is incorporated herein by referenCe and is confirmed, approved and adopted as the jUdgment of this Court. Dated: February 18, 1994. BY THE COURT: -2- crz 84 Cc-J 271.8~7 MOl 544,PACr457 " Engineer, and Steven J. Witte, Divisibn Engineer, through the office of Gale A. Norton, Attorney General, by Jennifer L. Gimbel, Assistant Attorney General, Natural Resources Section: by City of Salida throuqh the.offices of Koses, Witte.ye~, Harrison and Woodruff, P.C. by James R. Montgomery: by Sangre de Cristo Mountain Properties through the offices of Tiaothy R. Buchanan, P.C. by Timothy R. Buchanan: by the City of Aurora through the offices of Duncan, Ostrander' Dinqess, P.C. by John H. Dingess; by Trail West Association and Three Elk Creek Association, Inc. through the offices of James G. Felt, P.C. by Jaaes G. Felt: by Colorado Water Conservation Board through the office of Gale A. Norton, Attorney General, by Jennifer L. GiJRbel, Assistant Attorney General, Natural Resources Section; by Hountain Cliffe, Inc. through Saunders, Snyder, Ross, DiCkson, P.c. by David C. Hallford and Jack F. Ross: by Twin Lakes Reservoir' Canal Company through Carlson, Hallllllond , Paddock by Mary Kead Baaaond and Peter Fleming; by COlorado Springs Utilities Department through the office of Carlson of Carlson, Haaaond , Paddock by Kary Kead Hammond and Peter Fleming, and through the office of Anderson, Johnson , GianunZio by Williaa Kelly Dude; Jay Wilson, George Wilson and Tri Lazy W Ranch through the office of Koses, Wittemyer, Harrison and Woodruff, P.C. by David L. Harrison and Gilbert Y. Karchand, Jr.: Southeastern Colorado Water Conservancy District through Fairfield and WOods, P.C. by Howard Bohle and Stepben H. Leonhardt: the City of Florence and Round Kountain Water and Sanitation District through the office of Krassa, Lindhola, KWIIli , Madsen by Robert F. T. Krassa; Robert B. Donley and ~rbara B. Donley throuqh the office of Petersen 5: POnda, P.C. by William F. Kattoon: Arkansas ValleY.Ditch Association through the office of Kitchell, Howell , Hill, P.C. by Michael T. Kitchell: the City of Colorado Springs through the office of Anderson, JOhnson, Gianunzio by Kark T. Pifber and Williaa Kelly Dude; St. Charles Kesa Water District through Kevin B. Pratt; and Dennis O'Neill, ~ ~. 3. WATER RIGHT!: 0"",",1) BY APPLICANT: . That the Applicant is the owner of the following water rights: a) 19.66 shares of Twin Lakes Reservoir and Canal Company; b) 595 acre feet of water continued conditional for irrigation, muniCipal, industrial and augmentation Uses as decreed by Dist;rict Court, Water Division 2, for North Fork Reservoir in Case 87CW23 (B2CW204) on May 10, 19B8. North Fork Reservoir is located in the SE\ of Section 5, Township 50 North, Range 6 East, N,M.P.M. at the head- waters of the South Arkansas River. 2 ~}~}.: