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<br />f;~1~"%:~•j.• h"~ 1 s1{ Action No. 946, the Grand
<br />.:a." ,; ~1 ,",~~ Yiat ~CoirYt"~ arded 'to the Haypark Canal Headgate No. 1
<br />an d•:Nd~. "2,~ "a conditional water right i:or 145.0 cubic feet of water
<br />per second of time, to be used for irrigation, stock, domestic,
<br />municipal, industrial, piscatorial and recreational purposes, with
<br />appropriation date of August 5, 1959.
<br />8. On February 26, 1982, in Case PIo. 81CW269, the Water
<br />Referee for Water Division No. 5 fowid that of the 145 cubic feet
<br />• of water per second ot: time pr.eviousl.y awarded conditionally to
<br />Fl~ypark Canal, [Ieadgates i~o. 1 and No. 2, 45 cubic feet of. water.
<br />• per second of time had been diverted and applied to beneficial use
<br />for irrigation, and ruled that said 45 cubic feet of water per
<br />second of time be made absolute and unconditiona]. for irrigation
<br />use. '"he decreed uses other thin irrigation remain conditional
<br />users. This Ruling of Referee cvas confirmed and made a Decree of
<br />thR court on April 14, ].~3R?..
<br />~. On *~arch 7.9, 173, the claimant filed, in Plater Court
<br />`or "at_er nivision i`lo. 5, an annlication to make absolute a
<br />crnlrlitionnl. waiver r.idllt, in which it- is recnrested that an additional
<br />z~.~ cu>1ic feet of water ncr second of time of the water previ_ous.ly
<br />n,.~.-+r,ln,? cnnrlitionall.v to•r-rzvnark banal, iTcadgates No. ]. and No. 7,
<br />~•~ n,~,lr~ zhsolute and uncrnul.i.l.}.onn:L.
<br />7n sunnor.t oP this remiest it is stated that the Dlicldle
<br />"„"r' ~•'aF~r ~onservancv ~i.si-.rict. has entered into an Agreement: with
<br />r.-,e r•asl-. Fnry ~~uttral ?r.riaation ~omnan~r. Since that time the cast
<br />rnry •+rrtrral. Trr. irration Comnanv has entered into a loan agreement
<br />~•~i tr- r~~; chi to T~any of the coonerativea for the construction of said
<br />canal. Said r.anal has been fully constructed and water has flowed
<br />in it and 45 cL-s had been applied to beneficial use and decreed
<br />absolute on April ].9, 1982. In actual construction activities
<br />including enginceritlg and construction of the canal, the East For: )c
<br />Mutual Irrigation Company ]ras expended in excess of $400,000.00.
<br />On Juno 24, 1982., a tota]. of 75 cfs was applied to benef.i.cial use,
<br />and the applicants hereby seek a decree for 75.0 cf.s absolute which
<br />includes the 45 cfs absoaute already decreed.
<br />Thy Referee does thcru.tore conclude that the above entitled
<br />application should i,c ~Irantc~cl and that of; the 145 r.ubic feet of
<br />:rater per second of time previouslyC~ arded conditionally to Ilaypa.rk
<br />Canal, Ileadgate No. l and No. 2, 30 >iubic feet of: water per second
<br />of time be made absolute and unconditional for irrigation use, in
<br />addition to the 45 cubic feet of water per second of time made
<br />absolute in Case No. 81CW269, making a total of 75 cubic feet of
<br />water per second oL- time absolute and unconditional for irrigation
<br />use. The decreed uses other. than irrigation shall remain
<br />conditional uses.
<br />It is accordingly ORUNI:L•'D that this ruling shall be filed with
<br />thu l•,ater. Clerk subject to :Judicial review.
<br />It is further OItDL,}tl;D that a copy of this ru.lirrg shall be
<br />filed with the appropriate Division Engirrecr and the State
<br />Dn~lineer.
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