34 - Laserfiche WebLink

Home Browse Search

decreased accordingly in future diligence or absolute conversion applications regarding the right decreed in this case. G. National Forest System Lands. To the extent that any of the diversion or conveyance structures described herein are to be located on National Forest System lands within the Routt National Forest the following conditions apply: (1) The Routt National Forest is managed by the Untied States Department of Agriculture ("USDA") Forest Service. Applicant acknowledges that entry of a decree in this matter does not create any right, title or interest in the use of federal lands in the Routt National Forest. Any use of federal lands is contingent on and subject to Applicant having or obtaining appropriate authorization issued by the USDA Forest Service pursuant to pertinent statutes, regulations and policies applicable to the occupancy and use of National Forest System Lands. (2) Applicant acknowledges that, absent other appropriate authorization recognized by the Forest Service, it must apply for and obtain appropriate authorization and approval for use and operation on federal lands before it can construct, reconstruct alter or revise any diversion or conveyance facilities on National Forest System Lands. For those water rights diverting on, traversing or otherwise occupying federal lands, any decree making the conditional water rights decreed in this matter absolute shall be consistent with nay limitations contained in the special use permit, easement or other authorization applicable to the exercise of that right on or across federal lands. (3) Applicant recognizes that the consideration of and action on requests for necessary federal permits and authorizations shall be carried out pursuant to all pertinent statutes, regulations and policies applicable to the occupancy and use of National Forest System Lands, including, but not limited to the National Forest Management Act, federal Land Policy and Management Act, National Environmental Policy Act, and the Endangered Species Act. Applicant agrees that the entry of the decree herein shall not in any way limit the Authority of the USDA Forest Service with respect to the agency's consideration of and action on such requests for permits, approvals, or authorizations. Applicant recognizes that the USDA Forest Service can impose terms and conditions, and/or deny such requested contracts, approvals, or authorizations, and is not in any way limited or affected by the entry of the requested conditional water rights decree. 13. Anti-Speculation. The change of water right claimed herein is based upon a non- speculative intent, and the Applicant has a specific plan and intent to divert, store, capture, posses, and control water for specific beneficial uses. 14. Feasibility. Based upon the totality of the facts and circumstances of this case, the Court hereby concludes the Applicant has established that water can and will be diverted under the CASE NO. 07CW61 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT AND DECREE PAGE 12