CRWCD Decree For Elkhead Enlargement

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Dislrid CourE, Water Division 6, Colorado Case Into. o2CWId6; Application of: Colorado River Water Conservation District and its Colorado River Water Projects Enterprise, in Routt and Moffat Counties, Colorado Decree of the Water Court Paga 6 of 7 appropriation. 7. se: The- water will be used for hydro-power production at the Ellchead Creek Reservoir facility. 8. C~ and WiII: The Court Ends that the claimed conditional direct Ilow power right can and will be diverted, stored, captured, possessed and controlled and will be beneficially used for the claimed purposes, and the River District's hydro-electric power project can and willbe completed with diligence withinareasonable time. 9. No Injury: The Court finds that no injury to vested water rights will occur by the exercise of the conditional direct ~Iow power right. I4. Xntegrated Wat~SupRiy and Distribution Sv, std: The conditional Elkhead Creek Reservoir Enlargement {second) storage right, the conditional direct flow power right, and the existing Elkhead Creek Reservov constitute an integrated water supply and distribution system with respect to the Applicant's water rights ax #his resersroir. 7. GrrarltingQft e,pplication: The Application should be and hereby is granted and-decreed and the water rights -for the Ellchead Creek Reservoir Enlargement {second) and the Elkhead Creck Reservoir Enlargement Power Right are confirn~ed in accordance with pacagtaphs 6{B) and 6{fi) of this decree. The water storage rightconfirmed by-than decree sE~all be operated in a manner consistent with and subject to the terms of the Amended and Restated Agreement-between Applicant, the City of Craig, and the Yampa Participants dated January 2 I, 2Q05, which Agreement is hereby incorporated herein by -reference and made a part of this Decree, as it may be amended or supplemented from-time to time. 8. ~u~er Diligence; An application for a f nding of reasonable diligence shall be filed in the same month and six years after the entry of the final decree in this case in order tv maintain the conditional water storage right and- the conditional direct flow power right unless a decree making the rights absolute has been entered by the Court before that date.