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<br />< <br /> <br />e <br /> <br />Case No. 93CW124/Mead et 01. <br />Findings of Fact, Conclusions of Law, <br />Judgment and Decree <br />page 4 <br /> <br />Stockwaterers reasonable access to inspect <br />ensure that bypasses are made pursuant <br />Settlement Agreement. <br /> <br />said measuring device to <br />to the terms of this <br /> <br />14. The Stockwaterers agree that their use of the water bypassed <br />by the City shall be limited to stockwatering only and may not be <br />changed to other uses. The Stockwaterers further agree that said <br />bypasses may not be transferred, sold, assigned, or otherwise <br />conveyed except as an appurtenance to the transfer of the <br />Stockwaterers' respective properties adjacent to Beaver Creek. <br /> <br />15. The Stockwaterers agree that the City has the right to divert <br />1.0 cfs year round, and during all seasons, for municipal purposes <br />at its existing Beaver Creek headgate pursuant to the decree <br />entered in Civil Action No. 1205, . Garfield County District Court, <br />dated October 17, 1906, and the Stockwaterers further agree not to <br />initiate-any judicial or administrative proceeding, or to join or <br />intervene in any such proceeding brought by any third party which <br />seeks a determination, ruling, or decree that the City may not <br />divert water from Beaver Creek year round and in all seasons for <br />all municipal purposes under the decree entered in Civil Action No. <br />1205. <br /> <br />e <br /> <br />16. The City of Rifle agrees that it will not block the alluvial <br />flow in any way when it installs a new headgate at its diversion <br />structure on Beaver Creek. The above-named Applicants will be <br />entitled to review and approve the design of said headgate which <br />approval shall not be unreasonably withheld. <br /> <br />CONCLUSIONS OF LAW <br /> <br />17. The foregoing Findings of Fact and Stipulations are fully <br />incorporated herein. <br /> <br />lB. The Court has considered the Amended Application to Construe <br />Decree, or in the Alternative, an Application for Water Rights and <br />concludes as a matter of law that the Applicants are the successors <br />in interest to the water rights decreed in civil Action No. 1127, <br />District Court, Garfield County, dated June 10, 1905, as described <br />in paragraph 5 of this decree. <br /> <br />JUDGMENT AND DECREE <br /> <br />IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: <br /> <br />e <br /> <br />19. The foregoing Findings of Fact, Stipulations and Conclusions <br />of Law are fully orated herein. <br />