BOARD02038

• 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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WATER COURT, WATER DIV1Sl0N 3. STATE OF COLORADO

Case No. 99 CW 33

(82 CW 177)

REFEREE'S REPORT Al\ID RUUNG

CONCERNING THE APPLICATION FOR A1\4ENDMENT-TO PL~ 9F AUGMENTATION
OF

L.B. McCLlJNG, WANDA V, McCLliNG, and FOOTHILLS LA.c'lD AND INVESTMENTS,
LP

IN RIO GRANDE COUNTY

This maller came on for review pursuant to order of referral entered herein. Having
examined the records and files in this case, having consulted with the division Engineer, and
upon such other investigation as he deems appropriate, the Referee makes the following report
and ruling: =

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FTh!DINGS OF FACT

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1. The name, address, and telephone number of the Applicant is L.B. and Wanda
McClung, P.O. Box 183, South Fork, CI) 8U54 (719) 873 ~1i6O..

'2. The il.pplication for Amendment of the plan for Augmentation was filed on August
31, 1999. The deadline for filing statements of opposition expired Oeto ber 31, 1999, and a
timely statement of opposition was filed by the Colorado Water Conservation Board. The
stat.ement of "PF".i,i"" filed J.y tlu: Colorado Water (;""<p",,tiQa Be~cl has been withdrawn.

3. The Water Clerk for Water Division 3 caused a resume of the application to be
published and mailed as provided by statute,

4. Notice of this matter was made in accordance with statute. and this Court has
jurisdiction over the subject matter of this proceeding and over all panies affected by this
proceeding. whether they have appeared or nor.

5. Applicant is the owner and developer of a real estate development platted as Foothills
Estates No.2, and of the Augmentation Plan approved in Case No. 82 CW 177 for the Foothills .
Estates No.2 subdivision in Rio Grande County.

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