Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree of the Court

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District Court, Water Div. 5, Colorado Case No. 06CW77; The Town of Carbondale Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court Page 9 of 10 IX. The Court has authority to confirm the RICD water rights. C.R.S. § 37 -92- 103(4) (2005). X. The Town of Carbondale has complied with all requirements and met all standards and burdens of proof and is therefore entitled to a decree confirming and approving the Carbondale Gateway Boating Park RICD water rights as described herein. XI. The Carbondale Gateway Boating Park recreational in- channel diversion water rights, if exercised and administered in accordance with the terms and conditions of this decree, will not cause injury to any owner of or person entitled to use water under any vested water right or decreed conditional water right. RULING AND DECREE XII. The foregoing Findings of Fact and Conclusions of Law are incorporated herein by this reference. The water rights for the Structures constituting Carbondale Gateway Boating Park are hereby decreed in the amounts as set forth in paragraph E above and subject to the terms and conditions set forth herein. XIII. In confirming these water rights, the Water Court specifically finds and determines that these rights are part of an integrated water system and that Applicant can and will apply these new rights to beneficial use within a reasonable time. XIV. An Application for Finding of Reasonable Diligence shall be filed on or before , 2014, and thereafter in accordance with the provisions of Article 92 of Chapter 37, Colorado Revised Statutes, so long as the Town of Carbondale desires to maintain those water rights decreed conditional herein, or until those rights are made absolute. XV. Pursuant to C.R.S. § 37- 92- 502(5) (2005), the Applicant shall install and maintain measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer. It is ORDERED that a copy of this Decree shall be filed with the Division Engineer for Water Division No. 5 and with the State Engineer. DATED this day of , 2008. BY THE REFEREE: Lain Leoniak, Water Referee Water Division No. 5, State of Colorado No protest having been filed to the foregoing Ruling of the Referee and the time for filing such protest having now expired, the foregoing Ruling of the Referee is confirmed and approved and is hereby made the judgment and decree of this Court.