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Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
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Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
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Last modified
1/26/2010 4:41:20 PM
Creation date
7/24/2009 12:43:34 PM
Metadata
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Template:
Water Supply Protection
File Number
8230.51A7
Description
Exhibits
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/5/1996
Author
Thomas W. Ossola
Title
Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
Water Supply Pro - Doc Type
Court Documents
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Consolidated Civil Case <br />Nos. 2782, 5016 azid 5017 and <br />Case No. 91CW252, WD 5 <br />will allow t:-ie nian far augmentation-substitution to be <br />operated so as tc avoid injury ta other appropriators. <br />38. The appropriative rights of exchange for the Gunsight <br />Pass, a/k/a Wolford Mountain Reservoir to Dillon Reservoir and <br />Mantezuma a/k/a Harold D. Roberts Tunnel as described in the <br />Fir.dings, are heretv agproved. <br />39.. Once the Secretary has approved of an exchange as required <br />by the MOA and the within Findings, he shall notify the Division <br />Engineer of that approval. Upon receipt of such notice, the <br />Division Engineer sha11 administer the exchanges as water is being <br />released from Wolford Mountain Reservoir for that purpose at a rate <br />of flow not exceeding 200 c.f.s. as of an appropriation date of <br />March 3, 1987, for a total annual volume not to exceed 26,000 acre- <br />feet. <br />40. The Applicatian was filed in the Water Court in the year <br />1991 and the appropriative rights of exchange decreed herein shall <br />be administered as having been tiled in that yeaz - a.nd shall be <br />junior to all water rights applied for in previous years. As <br />between all water rights filed in the same,calendar year, the <br />priority shall be determined by historical dates af appropriation <br />and shall not be affected by the date of entry of ruling or decree_ <br />41. The conditional appropriative rights of exchange herein <br />decreed are continued in full force and effect until <br />Z <br />GP? , 200,?. If the Board desires to maintain such <br />eonditional decree, an application for a f inding of reasonable <br />34
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