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the <br />non <br />ements for the appropriation of a conditional water right, including: (a) formation of the <br />peculative intent to appropriate water, (b) performance of overt acts coincidently with this <br />to manifest the intention to appropriate water to a beneficial use and to demonstrate the <br />of a substantial step toward applying water to beneficial use and these acts were of such a <br />so as to provide interested third parties with notice of the nature and extent of the <br />sed diversion and consequent demand upon the river system; and (c) the proposed uses of <br />can and will be completed with diligence within a reasonable period of time. <br />CONCLUSIONS OF LAW <br />11. Statutory Authority. This Application was filed with the Water Clerk, Water Division 1, <br />pursitant to C.R.S. §37- 92- 302(1)(a), and this Court and the Water Referee have exclusive <br />jurisi fiction over these proceedings. C.R.S. §37 -92 -203, §37- 92- 302(1)(a) and (5), and §37 -92- <br />305. <br />12.1 Authorized by Law. CCWCD's requests for a conditional surface water right and a <br />con tional storage water right, are contemplated and authorized by law. <br />RULING AND DECREE <br />NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS <br />13. t Approval of Application. CCWCD's Application for Conditional Surface Water Right <br />and onditional Storage Water Right is hereby granted and approved. <br />14. Incorporation of Findings and Law. All of the foregoing Findings of Fact and <br />Con lusions of Law are incorporated herein by reference, and are considered to be a part of this <br />decr tal portion as though set forth in full. <br />15. Ditch Priority. The priority decreed for the London Mining and Smelter Ditch <br />Enla gement is for a filing made to the Water Court in the year 2009, and shall be administered <br />ash ving been filed in that year, and shall be junior to all priorities awarded in previous years. <br />As tween other water rights filed in that same calendar year, priorities shall be determined by <br />hist ical dates of appropriation and not administered by the date of entry of this decree. The <br />wat right granted herein is junior in priority shall only be diverted when in priority and after <br />CC CD has received permission from the Water Commissioner for the diversion. <br />16. Reservoir Priority. The priority decreed for the London Mining and Smelter Reservoir 1St <br />Enl gement is for a filing made to the Water Court in the year 2009, and shall be administered <br />as hi ving been filed in that year, and shall be junior to all priorities awarded in previous years. <br />As b -,tween other water rights filed in that same calendar year, priorities shall be determined by <br />hist f cal dates of appropriation and not administered by the date of entry of this decree. The <br />stor a right decreed herein is junior in priority and water shall only be diverted for storage when <br />in p ority and after CCWCD has received permission from the Water Commissioner for the <br />divion of water into storage. <br />Center of Colorado Water Conservancy District <br />09CW 145 <br />Page 4 of 6 <br />