Laserfiche WebLink
<br />..3.5 Water to fill Meadowview Reservoir will be diverted from <br />a point of diversion on North Turkey Creek to be located on the <br />North bank of North Turkey Creek in the SW 1/4 of the SE 1/4 of <br />Section 26, Township 5 South, Rang~ 71 West of the 6th P.M., <br />Jefferson County, Colorado, approxim~tely 190 feet from the South <br />line and 2,400 feet from the East ]Jine of said Section 26. In <br />addition, the Evergreen Memorial Park Ditch may be used to divert <br />water into the Reservoir.' The Evergreen Memorial Park Ditch was <br />decreed in Case No. 87CW323, with a .point of diversion in the NE <br />1/4 of the SE 1/4 of Section 26, Township 5 South, Range 71 West <br />of the 6th P.M., Jefferson County, Colorado, at a point <br />approximately 750 feet from the East line and 1,850 feet from the <br />South line of said section. The total rate of fill from North <br />Turkey Creek shall be 3.0 cubic feet iper second. <br /> <br />3.6 Water stored pursuant 'to the December 30, 1994, <br />appropriation date, or exchanged into Meadowview Reservoir <br />pursuant to the appropriative right of substitution and exchange <br />decreed herein (or other decreed appropriative rights of <br />substitution and exchange),. may be. used to augment depletions <br />associated with water rights o'1ned or operated by MMRC <br />shareholders, specifically including! but not limited to the wells <br />. described herein in the Homestead and Buffalo Meadows <br />Subdivisions. . <br /> <br />3.7 The Court finds that activities by MMRC and Buffalo Park <br />on or before December 30, 1994, sufficiently indicate an intent to <br />appropriate the conditional water storage rights and surface water <br />right described above. The Court. further finds that MMRC and <br />Buffalo Park have demonstrated that' water in the amounts claimed <br />can and will be diverted and beneficially used, and that the <br />development projects can and will b~ completed with diligence and <br />within a reasonable time, pursuant to the requirements of ~37-92- <br />306(9) (b), 10 C.R.S. (2000). . <br /> <br />TERMS AND CONDITIONS UNDER WHICH ~C'S WATER RIGHTS ARE USED FOR <br />AUGMENTATION, REPLACEMENT AND EXCHANGE PURPOSES: <br /> <br />4.1 The terms and conditions under which MMRC' s Harriman <br />Di tch, Warrior Ditch and Soda Lakesi Reservoir Nos. 1 and 2 water <br />are used for augmentation and replaqement purposes have previously <br />been decreed in Case Nos. 94CW168, 95CW196, 95CW281, 95CW291, <br />96CW103, 96CW1046, 97CW091, 97CW28b, 97CW281, 97CW282, 97CW336, <br />97CW337, 97CW338, 97CW372, 98CW240, i 98CW241, 98CW310 and 98CW311, <br />and are summarized and confirmed ai:> :follows. The Court finds that <br />the determinations set forth in this Section 4 and the foilowing <br />Section 5 shall be res judicata ill future proceedings involving <br />the MMRC water rights described hejrein, pursuant to Williams v. <br />Midway Ranches, 938 P.2d 515 (Co19. 1997), absent a showing of <br />changed circumstances. <br /> <br />a. <br /> <br />i <br />MMRC's Harriman Ditch Entitlement (i.e. 7.71 shares): <br /> <br />12 <br /> <br />e <br /> <br /> <br />e <br /> <br />e <br />