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<br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case No. 00CW75 <br />Page 2 <br /> <br />Court, having considered the pleadings, the comments of the Division Engineer, and being <br />otherwise fully advised in the premises, does hereby find and conclude as follows: <br /> <br />FINDINGS OF FACT <br /> <br />1. The Application herein was filed on December 28, 2000. The Application requested <br />approval of a change of watertight fer the Fish Creek Reservoir, Second Enlargement <br />conditional water right decreed in Case No. 92CW23. The Water Referee re-referred the <br />Application to the Water Judge by Order dated May 31, 2001 because of a potential <br />conflict of interest. <br /> <br />2. Prior to the filing of the Application in this case, all application for finding of reasonable <br />diligence for the Fish Creek Reservoir, Second Enlargement conditional water right was <br />pending in Case No. 99CW22. The application in Case No. 99CW22 was atnended on <br />December 28, 2000 to request confirmation of an absolute water storage right for the Fish <br />Creek Reservoir, Second Enlargement. As a result of the decree entered in Case No. <br />99CW22 on April 4, 2001, the subject conditional right was made fully absolute. <br /> <br />3. Timely and adequate notice of the pendency of these proceedings has been given in the <br />manner required by law. The Court has jurisdiction over the subject matter of these <br />proceedings and over all parties affected hereby, whether or not they have appeared. <br /> <br />4. A statement of opposition to the Application was timely filed by the Mount Werner <br />Water and Sanitation District. No other statements of opposition have been filed and the <br />time for filing statements of opposition has expired. The Division Engineer filed a revised <br />summary of the consultation held with the Water Referee on May 16,2001. <br /> <br />5. Mount Werner Water and Sanitation District and the Applicants have stipulated and <br />agreed to the entry of this decree. <br /> <br />6. Name, address and telephone number of applicants: <br /> <br />City of Steatnboat Springs ("Steamboat Springs") <br />Attn: Public Works Director <br />P.O. Box 775088 <br />Steamboat Springs, Colorado 80631 <br />(970)879-2620 <br /> <br />00CW75 FishCr CWCB Change Decreel. wpd <br />October 19. 2001 <br /> <br />~ .-.-,-.. <br />