BOARD00246

• Board Meeting Date: 11/3/1994
• Description: Agenda, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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Case No. 93CW124/Head et al.
Findings of Fact, Conclusions of Law,
Judgment and Decree
Page 5

20. The decree awarding stock water rights in civil Action 1127
applies to the above-captioned Applicants and all persons claiming
under such decree, and entitles them to 0.1 c.f.s. for
stockwatering directly from Beaver Creek. The City of Rifle will
bypass this amount at their headgate during November 15 through
February 28 in accordance with the provisions of the Stipulation
contained in this decree. Additionally, the Applicants may receive
0.1 c.f.s., or a total bypass of one-half of the stream flow in
Beaver Creek, whichever is less, for a period of twenty-five (25)
days from November 15 through February 28. Said bypasses shall be
in accordance with the provisions of the stipulation contained in
this decree.

21. In consideration of the specific Findings and Conclusions made
herein and in conformance with C.R.S. SS 37-92-304(6), as amended,
the approval of the matters decreed herein shall be subject to
reconsidE;!ration.by the Water_ Jud~e on the question of injury to the
vested rights of others for a p~riod of three (3) years from the
date the City of Rifle is physically capable of taking all surface
flow from its diversion point. !f no petition for reconsideration
is filed within three (3) years of the date of this decree, the
retention of jurisdiction for this purpose shall automatically
expire.

22. This Judgment and Decree shall be filed with the Water Clerk
and shall be effective upon such filing, subject to judicial review
pursuant to C.R.S. S 37-92-304.

23. A copy of the Judgment and Decree shall be filed with the
State Engineer and the Division gngineer for Water Division No.5.

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Done at the City of Glenwood Springs, Colorado, this
, 1994.

day

BY THE COURT:

Water Judge
Water Division 5
State of Colorado