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foregoing criteria, are up to the Applicant. CWCB may make a <br />finding that the quantity applied for is excessive, but did not do so <br />here. <br />(f) As designed the course will divert, capture and control the water <br />applied for in its natural course and location if built, again this was <br />not disputed and is also the finding of the Court. <br />There is no serious controversy or dispute as to the traditional issues to be <br />addressed in an application for a conditional water right. <br />Accordingly, the Court grants Applicant's conditional water right in the amounts <br />requested as reflected in the attached decree. <br />Dated this 26th day of December, 2003. <br />BY THE COURT: <br />/s/ .;. Steven Patrick <br />J. Steven Patrick <br />District Judge <br />xc: counsef of record; pro se parties (via CourtLink) <br />22