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<br />.ctCT COURT, WATER DIVISION 1, COLORADO
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<br />~ASE NO. 99CW108
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<br />11-28-00
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<br />FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMIilN'l' AND nECREJ!l OF '!'HE
<br />WATER COURT APPROVING A PLAN FOR AUGHEN'l'ATION' AND CHANGE OF WATER
<br />RIGHTS, INCLUDING EXCHANGES
<br />
<br />-------------------------------------------------------------~--
<br />
<br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF RANDOLPH CAPITAL
<br />CORPORATION, A TEXAS COItPORA'I'ION, NORTH FORK ASSOCIATES AND THE
<br />MOUNTAIN MUTUAL RESERVOIR COMPANY,
<br />
<br />IN JEFFERSON COUNTY
<br />
<br />-------------------------------------------,--------------------
<br />
<br />THIS MATTER, having come on for consideration upon the
<br />Application of the Randolph Capital Corporation, North Fork
<br />Associates and Mountain Mutual Reservoir Company, for Approval of
<br />a plan for Augmentation and Change of Water Rights, Including
<br />Exchanges, and the Court having considered the pleadings, the files
<br />berein, the evidence presented and the comments of the Division
<br />Engineer, does hereby make the following Findings of Fact,
<br />Conclusions of Law, Judgment and Decree.
<br />
<br />FINDINGS OF FACT
<br />
<br />1. The Application was filed with the Water Clerk, Water
<br />Division 1, on July 30, 1999. All notices required by law of the
<br />filing of this Application have been fulfilled, and the Court has
<br />jurisdiction over the subject matter of this proceeding and over
<br />all parties affected hereby, whether they have appeared or not.
<br />The land and water rights involved herein are not included within
<br />the boundaries of any designated ground water basin. The
<br />Application contained a request to adjUdicate the Hicks Reservoir
<br />using the Hicks Ditch No. 2 as the filler ditch. The request to
<br />separately adjudicate the Hicks Reservoir has been withdrawn.
<br />
<br />2. Statements of Opposition to the Application were filed
<br />on August 31, 1999, by the Town of Morrison; on September 16, 1999.
<br />by the Genesee Water and Sanitation District; on September 29,
<br />1999, by Theodore M. Zorich; On September 29, 1999, by Jefferson
<br />County; on September 29, 1999, by Singin' River Ranch; on September
<br />30, 1999, by the Colorado water Conservation Board; and on
<br />September 30, 1999, by the City of Thornton. No other statements
<br />of opposition have been filed and the time for filing such
<br />statements has now expired.
<br />
<br />3. . This matter was ini tially referred to the Referee for
<br />consideration pursuant to 537-92-203 (7), 10 C.R.S, (2000). On
<br />
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