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8/19/2010 10:49:11 AM
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8/18/2010 3:34:32 PM
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Board Meetings
Board Meeting Date
7/21/2010
Description
Stream & Lake Protection Section - Case Nos. 6-07CW061 and 6-07CW072: Applications of Upper Yampa Water Conservancy District
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JulyAgenda (2)
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B. The District is authorized to appropriate water rights and initiate and implement <br />plans for augmentation for the benefit of water users within the District's boundaries. <br />C.R.S. §§37-45-118 and 37-92-302(5). <br />2. Application. The District filed an Application for Change of Water Rights on October <br />30, 2007. The Application requested to change a portion of the conditional water storage rights <br />owned by the District and decreed to the Pleasant Valley Reservoir and Pleasant Valley Feeder <br />Canal (the "Pleasant Valley Project Rights") upstream for storage in the Morrison Creek <br />Reservoir from which it may be released to Morrison Creek for beneficial uses within <br />Applicant's service area and/or delivered over the Morrison divide and down the Little Morrison <br />Creek drainage for storage in Stagecoach Reservoir as it exists or may be enlarged for <br />subsequent release and beneficial use within the District. <br />3. Notice and Jurisdiction. The Application was properly published in the resume for <br />Water Division No. 6. All notices required by law have been properly made, including as <br />required under C.R.S. § 37-92-302(3). The Court has jurisdiction over the Application and over <br />all entities or persons who had standing to appear, even though they did not do so. The Court <br />finds that the relief granted herein is consistent with the relief originally requested in the <br />Application and for which public notice was provided. <br />4. Opposition. Statements of Opposition to the Application were timely filed by the <br />following persons and entities: Dorothy J. Dickerson, Betty Jane Lay, and Hattie M. Miles (pro <br />se), DeQuine Family, LLC, Flying Diamond Resources, and Kim Singleton (represented by <br />Petros & White, LLQ, James A. Larson (represented by Petros & White, LLQ, the Colorado <br />Water Conservation Board (represented by the Colorado Attorney General), the State and <br />Division Engineer, Water Division 6 (represented by the Colorado Attorney General), the <br />Catamount Metropolitan District (represented by Holland & Hart LLP), Catamount <br />Development, Inc. (represented by Petros & White, LLQ, the United States of America, through <br />the United States Forest Service (represented by the United States Department of Justice), and <br />the Robert and Elaine Gay Limited Partnership (prose). <br />5. Settlements. The District has entered into stipulations approving the entry of a decree <br />granting the Application in the form of this Decree with the following parties: <br />A. State Engineer and Division Engineer, Water Division 6, dated August 29, 2009. <br />B. Colorado Water Conservation Board, dated August 31, 2009. <br />C. Catamount Development Inc. and Catamount Metropolitan District, dated <br />September 3, 2009. <br />D. Dorothy J. Dickerson, Betty Jane Lay, and Hattie M. Miles, dated September 5, <br />2009. <br />CASE NO. 07CW61 <br />FINDINGS oF FACT, CONCLUSIONS OF LAW, <br />AND JUDGMENT AND DECREE <br />PAGE 2 <br />
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