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e, <br />Y'R- . <br />(b) Whenever said water is- being. diverted at any. one <br />Y.. ..or a combination . of the alternate points of <br />diversion specified above, Applicant is eutitledl <br />•,y,.; -' to divert at a flow rate of 3 »3 cubic feet per. <br />second, provided, however, that said water would <br />s have been physically and legally available at the <br />`' r Davidson Ditcb head ate but for Applicant! 6 use, <br />of the alternate <br />a.;• points of..di,version. <br />(c). Appl,icant.will be .allowed to divert._this water <br />-_ <br />between.the..dates of: April. 25 and August 31, <br />inclusive, of each year and diversions sh61.1 be <br />allowed whenever the April 15, 1872 date assigned <br />i- to.this right is in priority. <br />(d) If Applicant elects to divert this water at a <br />K,- point other tha•i the Davidson bitch headgate, the <br />�` .. Davidson Ditch and Reservoir Company.will have <br />h <br />the right to call for•0.4 cubic feet <br />9.. per second <br />the Ditch's April 15, ' 1872 priority. <br />(e) If,.in the future, the Davidson Ditch is not used <br />to civert water under the 1872 priority assigned <br />to the Ditch, Applicant shall be entitled to <br />divert the full 3.7 cubic feet per second at any <br />one.or a combination of the above- referenced <br />alternate points of eliversion. <br />15� <br />Applicant has agreed to abandon to the stream system <br />all tither rights it may have,by virtue of its ownership of said. <br />231.76 shares of. stock in the Davidson bitch. <br />16. Applicant has agreed, to continue as a shareholder in the <br />Davidson bitch and Reservoir Company and shall be liable-for pay- <br />ment.of-any regular*or special assessments on this transferred. <br />stock on the s;:me basis ns.other shareholders in the Company. <br />17. The Court finds that the inclusion of the above terms and <br />conditions in this decree are.sufficient to prevent material. <br />injury to the Davidson bitch and Reservoir Company, the <br />shareholders of said Company, and vested water rights on south <br />Boulder Creek. <br />FINDINGS RELATIVE Tn THE GOODHUE DITCH <br />18. The water represented by Applicant's 640.637 shares of <br />stock in the.Goodhue Ditch and. Reservoir, Company has <br />historically been used to irrigate - the following described <br />parcels of..property: <br />Parcel ld A portion of the Nw.1 %4 SE 1/4; Section 3, <br />Township 1 South, Range 69 blest, 6th P.M.,: <br />.Boulder County; .Colorado; containing 14 <br />acres, more or.less. <br />