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Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
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Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
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6/14/2010 1:13:39 PM
Creation date
6/11/2010 2:42:08 PM
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Water Supply Protection
Description
Littleton 94CW273
State
CO
Basin
South Platte
Water Division
1
Date
1/1/2000
Author
Raymond S. Liesman, Jonathan W. Hays
Title
Findings of Fact, Conclusions of Law, Ruling of the Referee and Decree of the Water Court
Water Supply Pro - Doc Type
Court Documents
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Case No. 94CW273 <br />City of Littleton and South Suburban <br />Park and Recreation District <br />CONCLUSIONS OF LAW <br />15. To the extent applicable, all of the foregoing Findings of Fact are included <br />and incorporated as Conclusions of Law. <br />16. Timely and adequate notice of this proceeding in rem has been given in the <br />matter required by law. <br />17. This Court has jurisdiction over the subject matter of this proceeding and <br />over all persons who have standing to appear as parties, whether they have appeared or <br />not. <br />18. The terms and conditions hereof are within the notice provided, and are <br />contemplated and allowed by law. <br />19. Applicants are entitled to the absolute and conditional decrees herein <br />awarded. See City of Thornton v. City ofFort Collins 830 P.2d 915 (Colo. 1992). <br />20. Pursuant to Applicants' stipulation with Ken -Caryl West Ranch Water <br />District ( "West Ranch "), the water rights awarded herein shall be administered as junior <br />and subordinate to any rights of substitution and/or exchange (not to exceed 25.5 gallons <br />per minute) decreed to West Ranch in Case No. 95CW031. <br />RULING <br />21. Paragraphs no. 1 - 20, inclusive, are incorporated herein by reference and <br />made a part of this Ruling as if fully set forth. <br />22. The structures herein named are awarded a decree in the amounts, from the <br />sources, and with the dates of appropriation as set forth in the Findings of Fact, subject to <br />the terms and conditions contained herein. <br />23. The applicants shall install and maintain such measuring devices and <br />maintain such records as the Division Engineer may require for administration of these <br />rights. In order to facilitate administration of the water rights awarded herein, applicants <br />may establish a single point on the South Platte River at which measurements of the flow <br />of water in the South Platte River may be determined for the purpose of establishing that <br />
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