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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
State
CO
Date
10/20/2006
Author
Maes, Dennis
Title
Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006
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opportunity to comment on any proposal to use an alternate gage, shall be used to administer the <br />RICD water rights until such time as the Wellsville gage becomes operable again. If the <br />Division Engineer reasonably determines that existing gages are inadequate to replace the <br />Wellsville gage if it is inoperable, or changed circumstances cause the Division Engineer to <br />reasonably determine that gages and measuring devices other than the Wellsville gage are <br />necessary to administer this decree, the County shall install, operate and maintain at its expense <br />all gages and measuring devices as the Division Engineer reasonably determines to be necessary <br />to administer this decree, and in any case shall report at reasonable times to the Division <br />Engineer the readings from such gages and measuring devices. If a gage is used to administer <br />the RICI'3s other than the Wellsville gage, adjustments shall be made based on a comparison of <br />historical flows at the substitute gage with these at -the Wellsville gage, which comparison shall <br />be included in notification to the parties in this case and subject to comment by the parties as <br />provided in this paragraph. <br />The Applicant will be able to place a call for its RICD water rights decreed herein so long <br />as the call will result in at least 90 efs at the Wellsville gage. Calls placed purstiant to the RICD <br />water rights decreed herein will only be effective for stream reaches that produce water through <br />at least one RICD structure due to the physical location of the stream reaches or tributaries <br />relative to the RICD structures. Adjustments shall also be made to the Wellsville gage readings <br />for any storage releases or exchanges of water rights junior to the R.ICDs which affect these gage <br />readings but do not impact flow levels at either the B. V. Park or Salida Park. This Decree grants <br />RICD water rights for the B.V. Park and Salida Park, it does not authorize or grant a RICD water <br />right for the reach between the lowest structure constructed in the S.V. Park and Structure No. I <br />in the Salida Park. The Applicant recognizes that under the terrns of this decree further <br />appropriations could potentially occur that reduce flows at or between the RICD structures. For <br />purposes of administration, the RICD water rights decreed herein are deemed satisfied regardless <br />of such future appropriations so long as the decreed flows are being satisfied at the Wellsville <br />gage or flows are not diminished at the Wellsville gage when the RICI) water rights are being; <br />partially satisfied, and so long as the other terms of this decree are being satisfied. <br />13. Additional Conditions. In addition to any conditions incorporated above, the Court does <br />hereby impose the following conditions. <br />(a). ImRorted Water. Although water imported into the Arkansas River above the Boating <br />Parks from sources not tributary to the Arkansas River may help satisfy the water rights decreed <br />herein for the Boating Parks when that water is being delivered downstream, Applicant shall not <br />be allowed to call for said water. <br />(b). Administration in Priority. The RICD water rights decreed herein shall be <br />administered in priority as 2004 water rights, junior to all decreed water rights and exchanges for <br />which an application was pending in this Water Court before December 31, 2004. <br />
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