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~,' ~.~ . - .--.-. --.---- ---" ----.. tar. '. - . . -. .. ,.., (( ct ;If ;.' -""': ~ t'J. ~~.:-~ or". . :. ...; ,'~':'>" ,.,-..'-- ~ DISTRICT COURT, WATER DIVISION 5, STATE OF COLORADO Case No. 80 CW 61 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF ASPEN AND THE COLORADO WATER CONSERVATION BOARD IN THE ROARING FORK RIVER OR ITS TRIBUTARIES IN PITKIN COUNTY The applieation for a change of water right to alternate use was filed on Mareh 25, 1980, was referred to the water referee for Water Division No.5, State of Colorado, by the Water Judge of said Court, and was re-referred by the Water Referee to the Water Judge by order dated June 30, 1980, all in aeeordanee with C.R.S. ~~ 92-37-10l, ~ ~ All notices required by law of the filing of the appli- eation have been fulfilled, and the time for filing state- ments of'opposition has e~pired. Timely statements of opposition to the applieation were filed on behalf of Hugh Goodrieh and Priscilla Goodrich Rea, of the Bank of the Southwest and Marian Neal Lyeth as co- trustees, and of Bluepcnd Associates. The statement of oppo- sition by,Objeetors Bank of the Southwest and Marian Neal Lyeth, as eo-trustees, was deemed to be only an entry of appearanee pursuant to a stipulation dated Septemberl 7, 1980, and to the order of the Court dated September 25, 1980. Objeetor Bluepond Assoeiates withdrew from the ease on Oetober 4, :j.982. Being fully advised in the premises, THE COURT HEREBY FINDS, CONCLUDES AND DECREES AS FOLLOWS: 1. The statements in the applieations are true, and the Applicants are entitled to the ehange of water rights as set forth below. The change of water right granted here will not injuriously affeet the owner of or persons entitled to use water under a vested water right or a deereed conditional wa ter right.