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ISFAPP00335
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ISFAPP00335
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Last modified
4/16/2016 12:04:04 AM
Creation date
10/5/2006 10:18:42 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
79CW0006
Stream Name
Line Creek
Watershed
North Platte River
Water Division
6
Water District
47
County
Jackson
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />j <br /> <br />. <br /> <br />. <br /> <br />. <br />, <br /> <br />is made part of and incorporated into this order and decree. <br />the terms of which are as follows: <br /> <br />1. Appl icant agrees to subordinate the water rights <br />herein to any water right for irrigation or for storage for <br />irrigation use so long as said water right continues to be <br />used for irrigation in JacksOn County. ColoradO and so long <br />as said water right will not cause more than 145.000 acres <br />to be placed under irrigation in Jackson County or cause <br />more ~han 17,000 acre-feet of water to be stored in Jackson <br />County for purposes of irrigation from the North Platte <br />River and its tributaries between October 1 of any year and <br />September 30 of the following year. The applicant is not <br />bound by this stipulation if said water right is no longer <br />used for purposes of irrigation. <br /> <br />Z. If. due to change in type of use of a water <br />right. acreage is removed frOm irrigation. any water righ~ <br />subsequen~ly used for irrigation of acreage so removed shall <br />not be subject to the terms of ~his stipulation. <br /> <br />3. Applicant does not waive its right to use the <br />water right herein as a basis to object to any water righ~ <br />ap~l ication, plan for augmentation, exchange, or change in <br />use or point of diversion not in furtherance of provision <br />No.1 of this stipula~ion. <br /> <br />4. The purpose of this stipulation is to allow <br />full compliance with the eQui~able apportionmen~ provisions <br />of ~ebLQ~~a_~~_~~Qmiog. 3Z5 ~.S. 589 (1945) and modified <br />January 14. 1953. Appl ican~ has entered into a stipulation <br />with the Jackson County Water Conservancy District due to <br />the uniqueness of said eQuit~ble apportionment decree in <br />tha~ said decree defines the specific acreage that may be <br />placed under irrigation. This stipulation estaolishes no <br />general principle or preceden~ with respect to any other <br />interstate stream. <br /> <br />The ColoradO River Wat~r Conservation District also <br />timely filed a statement of opposition and Subsequently with- <br />drew said opposition. <br /> <br />-Z- <br />
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