BOARD02538

• 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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DECREE PROPOSED FOR SETTLEMENT BETWEEN
SAN LUIS VALLEY IRRIGTION DISTRICT AND THE
COLORADO WATER CONSERVATION BOARD
MAY 13, 2005

415 San Juan Avenue
Alamosa, Colorado 81101
Phone: [phone]
(Hereafter the "Applicant" or the "District").

2, The Applicant filed the application in this matter on December 30,2003, and
filed a clarification of the application on March 31,2005, Proper and adequate notice of
the filings and contents of the application and clarification were given in the manner
required by law. The Court has jurisdiction over the subject matter of the application and
for entry of these findings, determinations and decree, and over all persons who have
standing to appear as parties whether they have appeared or not.

3. Timely Statements of Opposition were filed by the Colorado Water
Conservation Soard ("CWCS") and by Alfred Chapman ("Chapman"), The time for filing
Statements of Opposition to the application expired on February 29, 2004, and to the
clarification on May 31,2005, '.

4. The Consultation Report/Recommendation ofthe Division Engineer was filed
with the Water Referee on November 9,2004, A copy of the summary was served on the
parties to this case on Novemb~r 10, 2004. The COl,lrt has_considered the Report and
Recommendations of the Divisiqn Engineer.

5. The Applicant is a statutorily governed water conservancy district formed
pursuant to the Colorado Water Conservancy District Act, C.R.S. SS 37-45-101, et seq.
That Act provides for the formation of water conservancy districts and provides means by
which a water conservancy district may expand and change its boundaries by the inclusion
of additional lands or the exclusion of lands previously included within a district's
boundaries. In this regard, the Act expressly contemplates that a water conservancy
" district's boundaries may change from time to time. This Court finds that the application,
clarification, resume notices, and published notices in this case constitute actual or inquIrY
notice to all water users in Water Division No.3, of the nature of the application, plan for
augmentation, including conditional appropriative right of exchange, and the possibility that
the District's boundaries may change from time to time and that additional areas may be
included in this plan for augmentation.

6, The Applicant operates an Augmentation Program through its Augmentation
Program Enterprise to provide augmentation water to structures that participate in the
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