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Statement of Opposition (2)
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Statement of Opposition (2)
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Last modified
7/29/2010 12:38:51 PM
Creation date
7/26/2010 1:33:12 PM
Metadata
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Template:
Water Supply Protection
Description
Durango RICD
State
CO
Basin
San Juan/Dolores
Water Division
7
Date
4/28/2006
Author
Geoffrey M. Craig LLC
Title
Statement of Opposition
Water Supply Pro - Doc Type
Court Documents
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Stuart Meyers <br />c/o Jim Campbell <br />615 S. Coon Cr. Ln. <br />Durango, CO 81301 <br />(970) 749 -3318 <br />By their attorney: Geoffrey M. Craig <br />2. State facts as to why the Application should not be granted or why it should be granted <br />only in mart or on certain conditions <br />A. The above named Objectors ( "Objectors ") own or have the right to use water rights <br />and /or pending water rights in the Animas River drainage upstream of the City of <br />Durango's ("the City ") proposed recreational in- channel diversions ( "RICD "), which <br />may be injured if the application herein is granted without sufficient protective terms and <br />conditions to assure no inJury to Objectors' water rights. <br />B. The proposed RICD may adversely impact future appropriations of water upstream in the <br />Animas River Basin, change cases involving existing water rights, augmentation plans, <br />and may result in the designation of the Animas River as a "water critical" stream, with <br />the onerous conditions related thereto. These impacts may hi nder the ability of Objectors <br />to place water to beneficial use in the Animas River watershed. Additionally, such <br />impacts may impair Colorado's abilityto place its compact entitlements to beneficial use, <br />and may infringe on the state policy to maximize the beneficial use of all Colorado <br />waters. <br />C_ Applicant must be held to strict proof with respect to each clement of its claim for water <br />rights and the statutory criteria to be considered in RiC'D cases, including, but not limited <br />to, the following: <br />(1) Applicant's ownership of or enforceable right to use each water right and structure <br />described in the application. <br />(2) Whether applicant has taken the steps required under Colorado law to initiate the <br />claimed water rights, and, if so, on what date, in what amounts, and for what uses. <br />(3) Whether the claimed water rights can and will be completed with diligence and <br />within a reasonable time. <br />(4) The adequacy of measurement, accounting, and administration of Applicant's <br />diversions. <br />3 <br />
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