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8/19/2010 10:49:11 AM
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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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subject conditional water right and will be beneficially used, and that this water supply project <br />can and will be completed with diligence and within a reasonable time. <br />15. No Injury. Subject to the terms and conditions decreed herein, the change of water rights <br />described herein will not injuriously affect the owner of or persons entitled to use water under <br />any vested water right or a decreed conditional water right. <br />CONCLUSIONS OF LAW <br />16. To the extent they constitute legal conclusions, the foregoing Findings of Fact are <br />incorporated herein. <br />17. Change of Rights. A "change of water right" includes a change of conditional water <br />rights to new points of diversion or places of storage. C.R.S. § 37-92-103(5). Such a change <br />shall be approved if it will not injuriously affect the owners of or persons entitled to use water <br />under any vested water right or decreed conditional water right. C.R.S. § 37-92-305(3)(a). An <br />adjudicated water right is entitled to maintenance of stream conditions existing at the time of its <br />appropriation. Colorado Water Conservation Board v. City qf Central, 125 P.3d 424 (Colo. <br />2005). <br />18. Contemplated Draft of Conditional Water Rights. A change of a conditional water <br />right is limited to the contemplated draft of the original appropriation. Twin Lakes Reservoir & <br />Canal Co. v. City ofAspen, 568 P.2d 45 (Colo. 1977). <br />19. Substantiated Demands. A governmental water entity must establish a reasonable water <br />supply planning period, substantiated population projections based on a normal rate of growth, <br />the amount of water necessary to satisfy projected demands above its current supply, and that it <br />can and will complete the appropriation within a reasonable time. Pagosa Area Water & <br />Sanitation Dist. v. Trout Unlimited, 170 P.3d 307 (Colo. 2007). "A governmental agency need <br />not be certain of its future water needs; it may conditionally appropriate water to satisfy a <br />projected normal increase in population within a reasonable planning period." Id. at 315; C.R.S. <br />§ 37-92-103(3)(a)(1) (2008). <br />JUDGMENT AND DECREE <br />20. The foregoing Findings of Fact and Conclusions of Law are incorporated herein. <br />21. Change of Water Rights. The change of water rights for the Pleasant Valley Project <br />Rights is granted subject to the terms and conditions above stated, and the following additional <br />conditions: <br />CASE NO. 07CW61 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, <br />AND JUDGMENT AND DECREE <br />PAGE 13 <br />
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