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BOARD02038
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Last modified
8/16/2009 3:10:23 PM
Creation date
10/4/2006 7:08:30 AM
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Template:
Board Meetings
Board Meeting Date
9/25/2000
Description
ISF Section - Resolved Case - Case No. 5-90CW138, McClung (South Fork Rio Grande)
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />. <br /> <br />, .,,,'-,-, .1.-,-,,-,-,-,...,,--,-, <br /> <br />~C~ ~~ Vv .l.4.~4 <br /> <br />r. UO <br /> <br />: <br /> <br />Church Ditch water right, and Applicant's right to change such water to domestic, commercial, <br />and municipal use. <br /> <br />RULINGA.ND ORDER <br /> <br />IT IS THEREFORE RULED AND ORDERED as follows: <br /> <br />" <br /> <br />17.Each of the findings of fact and conclusions of law is incorporated by reference into <br />this ruling as shall be deemed to be an integraf^pai'fof tIle decretal portion of this Ruling is if set <br />forth in full. .; _ -- <br /> <br />18. Other than as modified by this amendment to accommodate increased usage over that <br />envisioned in the earlier plan, including modification of paragraph 32 of the Findings of Fact and <br />paragraph 10 of the decretal portion of the decree approving that plan to reflect the usage set <br />forth on Table 1 attached hereto, the decree entered in 82 CW 177 shall remain in full force and <br />effect. <br /> <br />19. The subdivision wells shall not divert more than 6.91 acre feet per month in winter <br />months (November through April) and 7.42 acre feet per month in the summer months (May <br />through October). The total annual consumptive use shall not exceed 14.11 acre feet, which, <br />assuming a usage pattern as set forth in Appendix I, would amount to a total annual diversion of <br />84.47 acre feet. <br /> <br />20. The Water Court, Water Division 3, shall retain continuing jurisdiction of this case <br />for a period of three (3) years, for the purpose of reconsidering the question of injury to the <br />. vested rights of other appropriators. At any such hearing the burden shall be on the Petitioner <br />to show the existence of injury. <br /> <br />IT IS FURTHER ORDERED that the Water Clerk shall mail copies of this report and . <br />ruling as provided by statute. <br /> <br />Dated and entered of record this _ day of <br /> <br />,2000. <br /> <br />Water Referee <br />Water Division 3 <br /> <br />6 <br />
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