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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
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from Trout Creek and the return flows therefrom (the °`Oak_Creek Excluded <br />Area"). <br />The restriction of this paragraph. 7 c iii does not impair the City's ability to <br />file a statement of opposition to any future changes of water rights or augmentation <br />or exchange plan applications, the sources of which are within the Excluded Banns, <br />soleiy to prevent injury to the City's municipal water rights other than the Boating <br />Park RICD but subject to the other terms and limitation of paragraph 7 of this <br />decree. <br />iv The City will not oppose any future application for water rights, <br />change of water rights, diligence, to make absolute, or approval of plan for <br />augmentation or exchange filed by the Town of Yampa or the Morrison Creek <br />Metropolitan Water and Sanitation District or Routt County or the upper Yampa <br />Water Conservancy District within the Yampa River Excluded Area. <br />The City will not oppose any future application for water rights, <br />change of water rights diligence to make absolute, or approval of plan for <br />augmentation or exchange filed by the Town of Oak Creek or the upper Yampa <br />Water Conservancy District within the Oak Creek Excluded Area. <br />vi The parties agree not to oppose any diligence application or <br />application to make absolute for any existing decreed water rights owned by the <br />parties hereto, and the Opposer Coalition agrees not to oppose any future diligence <br />application or application to make absolute any conditional component of the <br />Boating Park RICD decreed in this case, if any. <br />ii The agrees not to oppose and thereby consents to, any change in <br />water right or exchange within the Excluded Basins of anv irrigation water right <br />where the depletion to the river at the Boating Park RICD is, as a result of such <br />change or exchange not decreased in annual quantity even if diversion location. <br />Limitation on Transfer. The Boating Park RICD water right shall not be <br />prior written consent of the Opposer Coalition Therefore the Boating Park RICD may <br />not be exercised nor valid calls thereunder be made directly or indirectly, by anv person <br />or entity other than the City.1 <br />RULING AND DECREE <br />R0841 -12- <br />
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