6-02CW106 Elkhead Res enlgmt Decree

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District Court, Water Division 6, Colorado Case No. 02CWI06; Application of: Colorado River Water Conservation District and its Colorado River Water Projects Enterptise, in Routt and Moffat Counties, Colorado Decree of the Water Court Page 5 of 7 appropriation. 7. Use: The water will be used for hydro -power production at the Elkhead Creek Reservoir facility_ 8. Can and Will: The Court finds that the claimed conditional direct flow 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 will be completed with diligence within a reasonable time. 9. No Injury: The Court finds that no injury to vested water rights will occur by the exercise of the conclitinnal direct flow power right 10. Integrated Water Supply and Distribution System: The conditional Elkhead Creek Reservoir Enlargement (second) storage right, the conditional direct flow power right, and the existing Elkhead Creek Reservoir constitute an integrated water supply and distribution system with respect to the Applicant's water rights at this reservoir. 7 Granting of the Application: The Application should be and hereby is granted and decreed and the water rights for the ELkhead Creek Reservoir Enlargement (second) and the ELkhead Creek Reservoir Enlargement Power Right are confirmed in accordance with paragraphs 6(B) and 6(C) of this decree, The water storage right confirmed by this decree shall 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 21, 2005, 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. Further Diligence: An application for a finding of reasonable diligence shall be filed in the same month and six years after tic catty of tic final decree in this case in order to 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.