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Board Meeting 05/05/1983
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Board Meeting 05/05/1983
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Last modified
11/21/2014 3:58:11 PM
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11/21/2014 3:58:02 PM
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Board Meetings
Board Meeting Date
5/5/1983
Description
Minutes, Agenda, Memoradums May 5, 1983
Board Meetings - Doc Type
Meeting
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If at any time there is less than 72 acres of Parcel 1 <br /> or 26 acres of Parcel 2 of the historically irrigated land <br /> described in paragraph 4d, which is not removed from <br /> irrigation as above provided, the Division Engineer and his <br /> subordinates shall prohibit diversions by Applicant pursuant <br /> to this Decree until further Order of the Court or until <br /> this violation is otherwise remedied in a manner acceptable <br /> to said Division Engineer. <br /> Only a portion of the water rights historically <br /> irrigated on the lands described in Paragraph 4d are being <br /> transferred by Applicant. It is anticipated that other <br /> transfers of the water rights historically irrigated on said <br /> lands may come before the Court in the future. No <br /> determination is made herein with respect to the rights of <br /> parties to this Case who are or may become shareholders in <br /> The Leyner Cottonwood Consolidated Ditch Co. as to other <br /> shares not covered by this Ruling as against each other with <br /> respect to this non-irrigation condition or the consumptive <br /> uses herein allowed. <br /> The Applicant or any party hereto may invoke the <br /> continuing jurisdiction of this Court at any time with <br /> respect to the provisions of this paragraph 5c(3) and <br /> paragraph H. <br /> (4) Accounting Records. The Applicant shall establish <br /> an accounting procedure whereby it accounts for daily <br /> diversions at the new point of diversion of the water being <br /> transferred in cubic feet of water per second of time and <br /> monthly accumulated volumetric acre foot amounts. These <br /> records shall also show volumetric amounts pursuant to <br /> Paragraph 5c(6) . These records shall be furnished monthly <br /> to, or more frequently if requested by, the Water <br /> Commissioner or such other person as the Division Engineer <br /> may designate. Copies of these records shall be maintained <br /> by the Applicant for review by any of the parties to this <br /> stipulated Decree at any reasonable times. <br /> (5) Volumetric Limitation. In no water year (May 1st <br /> through September 23rd) shall the Applicant divert more than <br /> 125.6 acre feet of this transferred water right at the <br /> headgate of the South Boulder Canyon Ditch. <br /> (6) Ten Year Rolling Average. In any period of ten <br /> successive water years beginning in the first full water <br /> year which water is diverted, the Applicant shall not divert <br /> more than 837.0 acre feet of this transferred water right. <br /> Until this decree has been in operation for a full ten <br /> years, there will be no base period against which to measure <br /> Applicant's continuing consecutive ten-year average of <br /> allowed diversions. To further avoid risk of injury to <br /> vested water rights during the first ten years, Applicant <br /> 6 <br />
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