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Findings of Fact, Conclusions of Law, Judgement and Decree; Case No. 86CW371
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Findings of Fact, Conclusions of Law, Judgement and Decree; Case No. 86CW371
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6/17/2010 2:19:33 PM
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Water Supply Protection
Description
RICD
State
CO
Basin
South Platte
Water Division
1
Date
12/5/1994
Author
Connie L. Peterson, District Court, Water Division 1, Colorado
Title
Findings of Fact, Conclusions of Law, Judgement and Decree; Case No. 86CW371
Water Supply Pro - Doc Type
Court Documents
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La Poudre Water Users Association. After the time for filing <br />opposition had expired, a Motion to Intervene was filed by <br />State Engineer and Division Engineer for Water Division No. 1. <br />By Order of the Court dated April 29, 1987, said Motion to <br />Intervene was granted and a Statement of Opposition by the State <br />Engineer and Division Engineer for Water Division No. 1 was <br />accepted for filing by the Court. The time for filing additional <br />Statements of Opposition has expired and no other party has <br />apeared. Statements of Opposi <br />p tion_ have been settled by the <br />Colorado Water Conservation Board, the State and Division <br />Engineers, the St. Vrain and Left Hand Water Conservancy <br />District, and the City of Greeley. <br />S. Following initial referral to the Water Referee, a <br />Motion to Rerefer to the Water Judge was filed on June 16, 1987. <br />By Order dated June 17, 1987, the case was rereferred by the <br />Re - feree to the Water Judge. <br />6. Trial to the Water Court was. conducted on August 13 and <br />14, 1990. Parties participating in the trial were the Applicant, <br />City of Fort Collins, and one Opposer, City of Thornton. <br />Judgment was entered on November 8, 1990. Portions of the <br />judgment were appealed to the Colorado Supreme Court in Case No. <br />90SA.514. The decision of the Colorado Supreme Court is reported <br />ir_ City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. <br />1992). On appeal, the Colorado Supreme Court affirmed in part, <br />reversed in part, and remanded to Water Court for further <br />proceedings in conformance with the opinion of the Colorado <br />Supreme Court. Mandate of the Colorado Supreme Court, dated May <br />6, 1992. <br />7. Following the decision of the Colorado Supreme Court in <br />this case, the City of Fort Collins entered a stipulation with <br />the Colorado Water Conservation Board, dated November 21, 1993. <br />This decree is consistent with the terms of the stipulation. <br />8. In accordance with the Mandate, additional trial <br />before the Water Court was set for December 5 and.6, 1994. The <br />day before trial, however, the only participating parties (the <br />cities of Fort Collins and Thornton) entered into a Settlement <br />Stipulation. That stipulation is approved by the Court and <br />included herein by this reference, as if set out verbatim. The <br />Findings of Fact, Conclusions of Law, Judgment and Decree After <br />Remand from the Colorado Supreme Court ( "Decree ") expressed <br />herein include all determinations required by the Mandate and <br />further completely express the determinations and' decree of the <br />Water Court with regard to the water rights which are the.subject <br />of the Decree. <br />1 \D \P: =L \XffXVR \DSCR=' ?17 2 <br />
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