4-02CW271 Decree/Stipulations - Laserfiche WebLink

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CONCLUSIONS OF LAW 12. The foregoing findings of fact are fully incorporated herein. 13. Notice and Jurisdiction. The Water Court for Division 4 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, whether or not they have chosen to appear. The application in this matter and the resume publication of the application placed such persons on notice of the relief requested by the application and granted by this decree. § §37 -92 -203 and 302 C.R.S. (2002). 14. The Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. § § 37 -92- 101 through -602. 15. Burden of Proof. The CWCB has fulfilled all legal requirements for a decree for water rights including §§ 37 -92 -302, 304 and 305, C.R.S. (2002). The CWCB has met all standards and burdens of proof to adjudicate the water rights requested in the Application and is therefore entitled to a decree approving the requested water rights. JUDGMENT AND DECREE 16. The foregoing Findings of Fact and Conclusions of Law are hereby approved and incorporated as the Judgment and Decree of the Court by this reference. 17. The Application is granted and the Court hereby approves and decrees the absolute water rights described herein, in the amount of 5.1 cfs (March 15 — June 14), 1.2 cfs (June 15 — December 14) and 3.0 cfs (December 15 — March 14) in order to preserve the natural environment to a reasonable degree in the reach of La Sal Creek between the upstream and downstream terminus points described in paragraph 7 above. The appropriation date for this water right is January 23, 2002. 18. Stipulation with Objector Richards & Richards. The CWCB and Richards & Richards ( "Objector ") entered into a Stipulation, dated September 3, 2010, intended as a compromise and settlement of this litigation between said parties. As part of that Stipulation, the CWCB acknowledges that Objector diverted up to 3 cfs from the Vague Canyon/Holman Spring for the irrigation of 25 acres on Objector's property prior to the CWCB's appropriation of the La Sal Creek instream flow right decreed herein. C.R.S. § 37- 92- 102(3)(b) provides that instream flow water rights appropriated by the Colorado Water Conservation Board (CWCB) shall be "subject to the present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not previously confirmed by court order or decree." Consequently, the CWCB's La Sal Creek instream flow right decreed herein shall be subject to the above referenced pre- existing use pursuant to C.R.S. § 37- 92- 102(3)(b). All priorities and sources associated with the