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<br />iC; <br /> <br />- <br />, <br /> <br />... ''iij <br />, <br /> <br />Division No, 5, 97CW283 <br />Ruling and Decree <br /> <br />- <br /> <br />right expressly set forth above in paragraphs 4 and 5, respectively. The Referee more specifically <br />finds that: (a) Breckenridge has the right to transport water tributary to Miners Creek to the <br />Barton Creek Drainage using the Miners Creek Ditch; (b) the water tributary to Miners Creek <br />that is or will be diverted by Breckenridge and transported into the upper Blue River is imported <br />water as to the existing or future water rights in the Blue River upstream of Dillon Reservoir, and <br />(i) is not part of the instream flow decreed for the upper Blue River in Case Nos. 86CW204 and <br />86CW217, and (ii) is not available to any existing or future water rights in the Blue River <br />upstream of Dillon Reservoir absent an agreement with Breckenridge; (c) Miners Creek Ditch <br />diversions predate the instream flow right decreed for Miners Creek in Case No. 85CW649 and <br />thus diversions shall be administered as senior to said instream flow right pursuant to C.RS. S <br />37-92-102(3)(b) ~~c!!f~f!!ID!!.qrmat.1)'np.X\':ar~~; and (d) subject to the <br />terms and conditions set forth below, Breckenridge has the right to operate the Upstream <br />Exchanges, and the Upstream Exchanges will not cause injury to any existing or future water <br />rights on the Upper Blue River upstream of Dillon Reservoir, in particular, the instream flow <br />rights decreed for the upper Blue River in Case No~. 86CW:ze1 M.d 86CW217. <br /> <br />7. Terms and Conditions. The Referee does hereby further find that the above- <br />referenced water rights and rights of exchange will not result in injury to any owners of or <br />persons entitled to use water under a vested water right or a decreed conditional water right if ,. <br />granted upon the terms s~t forth herein, including the following terms and conditions: .. <br /> <br />~ I!ih~'QIlJ!arn~ft~~~OO1~~~~~ <br />g~heteJ,.~~~~. <br />~erQ.~~~Q~~~~~w.6Ile\] <br />~lI~~~i~~~mn~~' <br /> <br /><sa) Breckenridge shall file an application in Water Court for any Upstream <br />Exchanges, with such applications and resulting decrees being subject to the findings of the <br />Court in this decree. The Upstream Exchanges shall be deemed not to cause injury to any <br />existing or future water rights on the ~per Blue River between Dillon Reservoir and Goose <br />Pasture Tam, including the instream flow rights decreed for the upper Blue River in Case Nos. <br />86CW204 and 86CW217, so long as the rate and timing of said exchanges equals the rate and <br />timing of imported water from Miners Creek Ditch, and either (i) such existing or future water <br />rights on the Upper Blue River are out of priority or fully satisfied, or (ii) such exchanges are <br />existing decreed exchanges. <br /> <br />@b) ~suan:..m.V~41L~Breckenridge shall install~m.~~ <br />i.tiqlV:t9]lmt~tLXP~ measuring devices and provide accounting as may be ~Jlnabl}j . <br />required by the Division Engineer to administer the ~~~"ater rightJ !lhe rightJ ef <br />c,<e!ull1ge Jet ferth in thiJ Deerec.~~19ta051~~i!s~AV~tlJl..m~o,atcImheiSJatrJl@! <br /> <br />sb0409 <br /> <br />-3- <br /> <br />~ <br />