Board Meeting 05/05/1983

• Board Meeting Date: 5/5/1983
• Description: Minutes, Agenda, Memoradums May 5, 1983
• Board Meetings - Doc Type: Meeting

DISTRICT COURT, WATER DIVISION NO. 2 , STATE OF COLORADO
Case No. 82CW104
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF THE TOWN OF
PONCHA SPRINGS
IN CHAFFEE COUNTY
THIS MATTER, coming on for consideration this
day of , 1983 , upon the Amended Application
for Approval of Plan for Augmentation submitted by the Town
of Poncha Springs (hereinafter "applicant") , and the Water
Judge having considered the pleadings , the files herein and
the evidence presented , HEREBY FINDS :
1 . Applicant initiated this matter by filing its
Application for Approval of Plan for Augmentation on June 30 ,
1982 . The plan proposed by the application provides replace-
ment water for out-of-priority depletions to the South Fork
of the Arkansas River from the municipal water system of the
Town of Poncha Springs . Applicant filed its Amendment to
Application for Approval of Plan for Augmentation on July 29 ,
1982 .
2 . Timely statements of opposition were filed by
the Colorado Water Conservation Board and the United States
of America. No other statements of opposition were filed
and the time for doing so has expired. This matter was
referred to the Water Referee on July 30 , 1982 and re-referred
to the Water Judge on October 5 , 1982 .
3 . Timely and adequate notice was published of
both the Application and the Amendment to the Application as
required by statute , and the Court has jurisdiction over the
subject matter of this proceeding and over all parties
affected thereby whether they have appeared or not. None of
the lands or water rights involved in this plan are within
the boundaries of a designated groundwater basin.