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Statement of Opposition Case No. 03CW107 (2)
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Statement of Opposition Case No. 03CW107 (2)
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Last modified
6/14/2010 1:21:47 PM
Creation date
6/10/2010 3:33:16 PM
Metadata
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Water Supply Protection
Description
Upper Gunnison River Water Conservancy District
State
CO
Basin
Gunnison
Water Division
4
Date
6/27/2003
Author
Petros & White LLC, Lori J.M. Satterfield, Charles B. White, Sandy Allen Leinsdorf, Angela H. Reeves
Title
Statement of Opposition Case No. 03CW107
Water Supply Pro - Doc Type
Court Documents
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within the Slate River drainage in Water Division No. 4 that may be injured by the relief requested <br />in the application. The Land Trust owns an interest in the Meridian Ditch, which historically has <br />irrigated and currently irrigates property owned by the Land Trust. The application herein states <br />that the subject Meridian Lake Reservoir has historically irrigated 340 acres under the Rozich <br />Ditch and Meridian Ditch. Upon information and belief, some of the claimed historic use of <br />Meridian Lake Reservoir occurred within property owned by the Land Trust. <br />B. The Applicant must be held to strict proof of the elements of the application, <br />including, without limitation, the requirements of Section 37 -92- 305(3), (4) and (8), 10 C.R.S. <br />(2001). <br />C. Adequate terms and conditions to prevent injury to the water rights of the Land <br />Trust must be included in any decree. Such terms and conditions must prevent an enlarged use of <br />the Meridian Lake Reservoir by strictly limiting use under the subject plan to the historic use of <br />the water right. <br />D. Adequate terms and conditions on the administration of the water rights and plan <br />for augmentation claimed in the application must be included in any decree so as to prevent injury <br />to the vested water rights of others, including the Land Trust. <br />E. The application does not contain sufficient information to enable the Land Trust to <br />state more specific grounds for its participation in this case. The Land Trust reserves the right to <br />supplement this statement of opposition following discovery. <br />F. This statement of opposition applies to the application and all amendments <br />thereto. <br />Dated this 27"' day of June, 2003. <br />PETROS & WHITE LLC <br />Pursuant to Rule 121 the signed original <br />is on file in the office of <br />Petros & White, LLC <br />Lori J.M. Satterfield, No. 23380 <br />Charles B. White, No. 9241 <br />Attorneys for Crested Butte Land Trust <br />2 <br />
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