BOARD00012

• Board Meeting Date: 5/24/1999
• Description: WSP Section - South Platte - Bear Creek Lake Diligence Settlement - Case No. 1-98CW278
• Board Meetings - Doc Type: Memo

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98CW278
Water Div. I

the subject matter of this proceeding and over all who have standing to appear as parties, whether
they have appeared or not.

E. The application seeks a finding of reasonable diligence for the following conditional
water right:

I. / The name of the structure: Bear Creek Lake.

2./ The date of appropriation: August 29, 1970 (2000 AF);
October I, 1970 (1989 AF).

3/ Date and case number of Original Decree: W-232-73, was decreed
February 28,1973 (2000 AF); 79CW306, was decreed May 5, 1980 (1989
AF).

4.

Location: Bear Creek Dam is located in Section 32,
Township 4 South, Range 69 West, 6th P.M. and in Section
5, Township 5 South, Range 69 West, 6th P.M. Beginning
at the NW comer of Section 32 thence south 26'58' east
2030.8 feet to the NW end of Bear Creek Dam then south
31fr5' east 5678.2 feet to the SE end of Bear Creek Dam.

5.,1 Source: Bear Creek, Turkey Creek

6. / . Use: Recreation and piscatorial uses are absolute.
Municipal, industrial, irrigation and domestic uses are
conditional.

7.'; Amount: 3989 AF (TOTAL).

F As a basis for a fmding of reasonable diligence herein, the Applicant has pursued
perfection of the water rights by expending approximately $17,000 in engineering and legal
compensation associated with negotiations with the U. S. Corps of Engineers and the City of Lake
wood. However, despite these efforts, the Corps of Engineers has not made a final determination
of whether the storage space that is the subject of this decree is available for allocation to parties
such as the Applicant in Bear Creek Reservoir. To aid in this detennination, the Corps of
Engineers has begun a study of the reallocation of storage space in Bear Creek Reservoir, Cherry
Creek Reservoir and Chatfield Reservoir: Completion of the study is currently expected in 2002.

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