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Last modified
8/16/2009 3:16:53 PM
Creation date
10/4/2006 7:17:06 AM
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Board Meetings
Board Meeting Date
5/23/2005
Description
ISF Section - Application of the San Luis Valley Water Conservancy District (Case No. 5-03CW331) - Pretrial Resolution
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />DECREE PROPOSED FOR SETTLEMENT BETWEEN <br />SAN LUIS VALLEY IRRIGTJON DISTRICT AND THE <br />COLORADO WATER CONSERVATION BOARD <br />MAY 13, 2005 <br /> <br />Plan for Augmentation that any uses augmented under this Plan may be subject to total <br />curtailment in the event of unavailability of augmentation water. <br /> <br />34. This Plan for Augmentation, including conditional appropriative right of <br />exchange, and carrying forward of stored water from year to year are contemplated by law. <br />If the Plan for Augmentation is administered in accordance with this Decree, it is sufficient <br />to permit the diversions and out-of-priority depletions by Participating Structures in the Rio <br />Grande basin, including the Rio Grande mainstem, its tributaries, and the confined and <br />unconfined aquifers, including but not limited to structures for livestock watering, pond <br />evaporation, domestic, including lawn and landscape irrigation, in-house domestic, <br />commercial and industrial uses within the District's boundaries as those boundaries may <br />change from time to time, when curtailment would otherwise be required pursuant to valid <br />senior calls. The owners of or persons entitled to use water under vested water rights and <br />decreed conditional water rights will not be injuriously affected by this Plan, including the <br />conditional right of exchange. <br /> <br />35, The State Engineer lawfully may be required under the terms of this Decree . <br />to administer the Plan for Augmentation in the manner set forth herein and shall not, at the <br />request of any other appropriator or on his own initiative, curtail or obtain a curtailment of <br />diversions of water from the Participating Structures augmented under this Plan so long as <br />, replacement water is available to meet valid senior calls for.. water at the time and place and <br />to the extent that the seniors would be deprived of their lawful entitlements by such <br />structures, except as provided herein. The State Engineer shall curtail all out-of-priority <br />diversions, the depletions from which are not so replaced as to prevent injury to vested <br />water rights pursuant to C.R.S. ~ 37-92-305(8). <br /> <br />JUDGEMENT AND DECREE <br /> <br />. 36. The Mixed Findings of Fact and Conclusions of Law set out in paragraphs 1- <br />35 above are incorporated by this reference as if set forth fully herein. <br /> <br />37. The Plan for Augmentation, including the conditional appropriative right of <br />exchange, is hereby approved, confirmed, adjudicated and decreed under the terms and <br />conditions described in paragraphs 1-35 above and herein. <br /> <br />38. The use of the BAR. Cattle Credit Water in this Plan for Augmentation, <br /> <br />Page 18 of 21 <br />
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