Laserfiche WebLink
Consolidated Ditch Co. 's water described herein shall be subject to <br /> the following terms and conditions: <br /> (1) Assessments. The Applicant shall continue to pay <br /> regular and special ditch assessments, properly levied by <br /> The Leyner Cottonwood Consolidated Ditch Co. <br /> 12) Time of Diversions. Diversions pursuant to this <br /> decree shall be no sooner than May 1st, and no later than <br /> September 23rd of each year provided that one or more of the <br /> above referenced priority dates assigned to The Leyner <br /> Cottonwood Consolidated Ditch Co. are in priority and <br /> further provided that this water shall only be diverted if <br /> it would have been used pursuant to historic practices <br /> during similar hydrological and meteorological conditions <br /> for beneficial direct flow irrigation by bona fide <br /> agricultural users on lands located within the South Boulder <br /> Creek or Boulder Creek drainage basin. <br /> (3) Non-Irrigation Condition. The transfer of water <br /> rights described herein is predicated upon the <br /> discontinuation of historic irrigation practices by said <br /> water rights and shares (described in Paragraph 4d) on a <br /> portion of the land (described in Paragraph 4d) of this <br /> ruling. The Referee finds that the dry up of 72 acres of <br /> Parcel 1 and 26 acres of Parcel 2 in said Paragraph 4-d <br /> constitutes the minimum condition which is necessary and <br /> sufficient to prevent injury to the vested water rights of <br /> others. <br /> The Division Engineer and his subordinates shall <br /> control the Leyner Cottonwood Consolidated Ditch Co. 's <br /> headgate to accomplish this result to the extent he is <br /> legally capable of doing so. The continuing validity of <br /> this decree shall be dependent upon the fact that said lands <br /> henceforth remain unirrigated by surface or subsurface means <br /> with water which is tributary to Boulder Creek or its <br /> tributaries except as herein provided. This dry up <br /> requirement shall not prohibit irrigation practices on said <br /> land if the water involved has been transferred to the <br /> properties through an appropriate court proceeding, if the <br /> irrigation is accomplished using water from a well or wells <br /> or other type of water right covered by a court-approved <br /> plan of augmentation, if the irrigation is accomplished <br /> using water from an exempt well(s) authorized by the <br /> Colorado Division of Water Resources, or if the irrigation <br /> is with water supplied by a municipality, a water district, <br /> or other governmental agency. <br /> 5 <br />