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Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
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Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
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6/14/2010 1:12:22 PM
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Water Supply Protection
Description
Fort Collins and Thornton 86CW371
State
CO
Basin
South Platte
Water Division
1
Date
6/10/1991
Author
Davis, Graham & Stubbs
Title
Case No. 90SA514 Memorandum Brief of NCWCD in Support of Affirmance of Water Court Decision
Water Supply Pro - Doc Type
Court Documents
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Ch. 346 WATER AND IRRIGATION 1369 <br />been applied to a beneficial use, but nothing in this section shall affect appro- <br />priations by the state of Colorado for minimum stream flows as described <br />in section 37 -92 -103 (4). <br />(b) No claim for a conditional water right may be recognized or a decree <br />therefor granted except to the extent that it is established that the waters <br />can be and will be diverted, stored, or otherwise captured, possessed, and <br />controlled and will be beneficially used and that the project can and will be <br />completed with diligence and within a reasonable time. <br />(c) No water right or conditional water right for the storage of water in <br />underground aquifers shall be recognized or decreed except to the extent <br />water in such an aquifer has been placed there by other than natural means <br />by a person having a conditional or decreed right to such water. <br />Section 7. Safety clause. The general assembly hereby finds. determines. <br />and declares that this act is necessary for the immediate preservation of the <br />public peace, health, and safety. <br />Approved: June 22. 1979 <br />
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