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Case No. 01CW87 Findings of Fact, Conclusions of Law and Decree May 2003 (2)
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Case No. 01CW87 Findings of Fact, Conclusions of Law and Decree May 2003 (2)
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Case No. 01CW87 Findings of Fact, Conclusions of Law and Decree May 2003
State
CO
Date
5/7/2003
Author
Lyman, Gregory G.
Title
Case No. 01CW87 Findings of Fact, Conclusions of Law and Decree May 2003
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07/03/2003 10:53 3038665417 DIV 7 WATER RESOURCE PAGE 04 <br />CONCLUSIONS OF LAW <br />9. The surface waste water right and storage sought herein are contemplated by law and if <br />administered in accordance with this Decree, will not result in injury to the vested water rights or <br />decreed conditional water rights of others. <br />10. The Division Engineer is lawfully required to administer diversions underthe water right which <br />is subject to this Decree in compliance with his duties. <br />11. That the Findings of Fact and Conclusions of Law are incorporated herein and made a part of <br />this decretal portion of this Decree. <br />12. The waste water right for 38 g.p.zm. (0.085 c.f s. conditional) and a storage right for 1.60 acre <br />feet for stock water and irrigation, is approved subject to the terms and conditions of this Decree. <br />13. The priority awarded shall be junior to all priorities awarded in previous. years. As between <br />all rights adjudicated this calendar year, priority shall be determined by historical dates of <br />appropriation not effected by the entry of this ruling. <br />14. The owner or user of this water right shall install a valve and means to return the water from <br />the pipeline to the stream at such time as the Florida River is placed under a valid call by water rights <br />senior and downstream of the point of discharge of this pipeline. <br />15. It is the ruling of the referee that the statements of the application are true and that the <br />aforementioned water right is approved and granted in the indicated priority. <br />16. During an administrative call for water from downstream senior water rights, the use&- of ti:is' <br />water must release the water to the stream and cease the use of the water. This must be done in <br />accordance with water quality regulations and laws governing the discharge of water.to the stream <br />systeirt. If water cannot be released then replacement water must be secured or this disclmrbe from <br />the pipeline discontinued. <br />17. The water made absolute under this water right decree herein must be established by f, sC- -.iz ds <br />of diversion and use or storage and use from the Leland Hill waste water right only. <br />18. DURING AN ADMINISTRATIVE CALL FOR WATER BY DOWNSTREAM SENIOR <br />WATER RIGHTS, TILE USER OF THIS WATER SHALL CEASE DIVERSIONS IN <br />ACCORDANCE WITH 37 -92 -502 C.R.S. AND INSTALL A VALVE WITHIN THE 3=:: ; A3 <br />PIPELINE TO ALLOW THE WATER TO BE DELIVERED TO THE INJECTION WELL WHEN <br />A CALL IS PLACED BY DOWNSTREAM SENIOR WATER RIGHT USERS. APPLICANT <br />SHALLNOTIFYTHE DIVISION ENGINEER'S OFFICE WHENTHE WATERIS AVAILABLE <br />3 <br />
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