Laserfiche WebLink
<br />. <br /> <br />- <br /> <br />. <br /> <br />DISTRICT COURT, WATER DIVISION 1 <br />COLORADO <br />901 9th Avenue, Room 418 <br />P. O. Box 2038 <br />Greeley, CO 80632 <br />CONCERNING THE APPLICATION FOR A COURT USE ONLY A <br />WATER RIGHTS OF BUFFALO PARK <br />DEVELOPMENT COMPANY, EVERGREEN Case No. 94CW290(A) <br />MEMORIAL PARK, INC. , COLORADO <br />MOUNTAIN PROPERTIES, INC. , NORTH <br />FORK ASSOCIATES AND MOUNTAIN MUTUAL <br />RESERVOIR COMPANY <br />IN JEFFERSON COUNTY Div. : Ctm. : <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF WATER COURT <br /> <br />This matter came on for trial before the Court on July 19-23, <br />1999, and January 24-26 and 28, 2000, on the "Application for <br />Conditional Underground Water Rights, Conditional Surface Water <br />Right, Changes of Water Rights, Approval of Plan for Augmentation <br />Including Exchange and Adjudication of Conditional Appropriative <br />Rights of Substitution and Exchange." On January 31, 2000, the <br />Court entered a Minute Order Conditionally Denying Opposers' <br />Motion to Dismiss and Order Vacating Balance of Trial. On May 23, <br />2000, the Court entered an Order Denying Applicants' Motion to <br />Reconsider. As a result of a Stipulation between the parties, the <br />Court has modified its earlier Orders. Further, pursuant to an <br />Order, dated , 2001, the Court has bifurcated the <br />Application so that certain issues pertaining to the underground <br />water rights in the Bear Mountain Vista Subdivision, and the <br />approval of a plan for augmentation and decree for appropriative <br />rights of substitution and exchange for said underground water <br />rights can be resolved separately under Case No. 94CW290(B). With <br />regard to the remaining aspects of the Application, the Court, <br />having considered the pleadings, the files herein, the <br />stipulations submitted by the parties, the evidence presented, and <br />being fully advised in the premises, does hereby find. <br /> <br />FINDINGS OF FACT <br /> <br />1.1 The Application was filed with the Water Clerk, Water <br />Division 1, on December 30, 1994. Timely and adequate notice of <br />the pendency of these proceedings in rem has been given in the <br />manner required by law. The Water Court has jurisdiction over the <br />subject matter of this proceeding and over all persons who have <br />standing to appear as parties, whether they have appeared or not. <br />The Application contained a request to utilize water stored in <br />