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Board Meeting 05/05/1983
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Board Meeting 05/05/1983
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11/21/2014 3:58:11 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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Case No . 82CW104 <br /> Water Division No. 2 <br /> Findings , etc. <br /> Page 3 <br /> Fork Reservoir pursuant to a Lease <br /> Agreement between the applicant and the <br /> Upper Arkansas Water Conservancy District <br /> dated December 9 , 1982 . The Upper <br /> Arkansas Water Conservancy District has <br /> obtained a management agreement over <br /> these reservoirs from the Chaffee County <br /> Commissioners for the long-term management <br /> and operation of the reservoirs . <br /> C. An annual allocation of waters, From the <br /> Fryiny Pan-Arkansas Project, thu water <br /> rights and decrees for which are owned <br /> by the Southeastern Colorado Water <br /> Conservancy District. <br /> 6 . Applications for water rights for the Poncha <br /> Springs Well Nos . 1 and 2 , described in paragraph 4 above , <br /> are pending before this Court in Case No. 82CW206 . The wells <br /> have been drilled as test holes under authority granted by <br /> letter from the State Engineer. Well permit applications <br /> were filed on December 28 , 1982 , and the State Engineer has <br /> not acted on those applications . Because the two wells are <br /> included in this plan for physical supply purposes only, and <br /> not for delivery of augmentation water, the provisions of <br /> C.R. S. 1973 , 37-92-302 (2) , as construed by the Colorado <br /> Supreme Court in Cache La Poudre Water Users Assn. v. Glacier <br /> View Meadows , 191 Colo. 53 , 550 P. 2d 288 (1976) , do not <br /> require the State Engineer ' s approval , denial or a six-month ' s <br /> inaction upon well permit applications as a prerequisite to <br /> the issuance of this decree. `However, applicant has applied <br /> to the State Engineer for permits for those wells in accordance <br /> with C.R.S . 1973 , 37-90-137 , and the State Engineer will be <br /> guided in his consideration of those permits by the provisions <br /> of this ruling. <br /> 7 . Applicant is constructing its municipal water <br /> supply system to serve water to the residences and businesses <br /> in the Town of Poncha Springs in Chaffee County. The <br /> applicant ' s municipal water supply system will presently <br /> serve the present population of the Town of Poncha Springs of <br /> 350 people , and will be capable of meeting the requirements <br /> of future growth to a population of 500 or more . <br />
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