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<br /> <br />2 <br /> <br /> <br />Division No. S, 97CW283 <br />Decree <br /> <br />., <br /> <br />. <br /> <br />Swan River. Subject to the tenns and conditions set forth in paragraph 7 below, Breckenridge is <br />entitled.to exchange upon said illijllll'till water, as a~ainst any existing or future water rights on <br />the Blue River upstream of Dillon Reservoir, including the instream flows decreed for the upper <br />Blue River in Case Nos. 86CW204 and 86CW217. Accordingly, for every increment of water <br />diverted from the East Fork of Miners Creek into the upper Blue River, Breckenridge shall have <br />the right to exchange an equal amount of another wilter right upstream from any point of <br />diversion or storage on the Blue River at or above D,ilIon Reservoir to the point at or below <br />Goose Pasture Tam which is located within the Tovyn of Blue River (referred to herein as the <br />"Upstream Exchanges"). <br /> <br /> <br />6. Findings of the Court. The Court does hereby find that Breckenridge is entitled <br />to the conditionalaPG(lI'lW water right and exchange'right expressly set forth above in paragraphs <br />4 and 5, respectively. The Court more specifically finds that: (a) Breckenridge has the right to <br />transport water tributary to Miners Creek to the Barlon Creek Drainage using the Miners Creek <br />Ditch; (b) the water tributary to Miners Creek that i$ or will be diverted by Breckenridge and <br />transported into the upper Blue River is not available to any existing or future water rights in the <br />Blue River upstream of Dillon Reservoir absent an *greement with Breckenridge; (c) because <br />Miners Creek Ditch diversions were being made pursuant to practices in existence on the date of <br />the application of the instream flow right decreed for Miners Creek in Case No. 85CW649, such . <br />diversions shall be administered as senior to said in$tream flow right pursuant to C,R.S. ~ 37-92- <br />102(3)(b) irrespective of the date of appropria:iion atvarded herein; and (d) subjectto the tenns <br />and conditions set forth below, Breckenridge has th~ right to operate the Upstream Exchanges, <br />and the Upstream Exchanges will not cause injury t9 any existing or future water rights on the <br />Upper Blue River upstream of Dillon Reservoir, in particular, the instream flow rights decreed <br />for the upper Blue River in Case Nos. 86CW204 and 86CW217. <br /> <br />7. Tenns and Conditions. The Court does hereby further find that the above. <br />referenced water rights and rights of exchange will hot result in injury to any owners of or <br />persons entitled to use water under a vested water ri~ht or a decreed conditional water right if <br />granted upon the tenns set forth herein, including th;e following terms and conditions: <br /> <br />(a) The maximum amount of water available under the Miners Creek Ditch <br />decreed herein shall be the lesser of2 cfs, or the les$er of (1) the actual amount diverted at the <br />headgate of the Miners Creek Ditch and (2) the actUal amount accounted for at the point where <br />the Miners Creek Ditch enters the unnamed tributarY of North Barton Gulch, <br />, <br />I <br />(b) Breckenridge shall tile an application in Water Court for any Upstream <br />Exchanges not presently decreed, with such appiica ions and resulting decrees being subject to <br />the findings of the Court in this decree. <br />iAjY~' W iAj' flxistiRS Qr Riml" ~.~Jat8r r-igltte 9R tAt '~F.P1t >>1\18 Pl,'W' b9P'~9R Dill"R R'IHlt-\rgir <br />, <br /> <br />,b0409 <br /> <br />-3- . <br /> <br />. <br />