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Statement of Opposition (3)
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Statement of Opposition (3)
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Last modified
7/30/2010 3:11:38 PM
Creation date
7/26/2010 1:34:53 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
McDaniel, Baty, Miller, Agro & Robbins LLC, Nancy Argo
Title
Statement of Opposition
Water Supply Pro - Doc Type
Court Documents
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appropriations in both conditional and absolute water rights, change cases, <br />augmentation plans and may impair the ability of Objectors to place water to <br />beneficial use. <br />d. Applicant must be held to strict proof with respect to each element of its claims <br />for water rights, including, but not limited to, the following: <br />(1) Applicant's ownership of or enforceable right to use each structure <br />described in the application. <br />(2) Whether applicant has taken the steps required under Colorado law to <br />initiate the claimed water rights; and. if so, on what date, in what amount <br />or amounts, and for what uses. <br />(3) Whether the claimed water rights can and will be completed with diligence <br />and within a reasonable time. <br />(4) The adequacy of measurement, accounting, and administration of <br />Applicant's diversions. <br />(5) The adequacy of protective terms and conditions which must be imposed <br />upon applicant to prevent injury to Objectors. <br />(6) Whether the application is limited to the minimum stream flow necessary <br />for an objectively reasonable recreation experience in and on the water by <br />proving: <br />(a) Whether the appropriation sought by the applicant, viewed <br />objectively, is for a reasonable recreation experience in and on the <br />water; that is, whether the requested flow amounts are reasonable; <br />and <br />(b) Whether the amount requested is the minimum amount of stream <br />flow necessary to accomplish that intended recreation experience, <br />(7) That the applicant will divert, capture, controll, and beneficially use the <br />water between specific points defined by physical control structures. <br />(8) Whether the adjudication and administration of the recreational in- channel <br />diversion would impair the ability of Colorado to fully develop and place <br />to consumptive beneficial use its compact entitlements <br />(9) The appropriate reach of stream required for the intended use <br />(10) Whether there is access for recreational in- channel use <br />
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