ISFAPP00373 - Laserfiche WebLink

Home Browse Search

, , .. .. area for the uses described in the application in Case No. 87CW7 and the first and second amendments thereto. This agreement shall not require LM/WC to divert out of priority as against Alberta Park Reservoir. c. It shall be the responsibility of LM/WC to install and maintain, at their own expense, any measuring devices or gauges that the Division Engineer deems necessary to monitor compliance with the amended stipulation between LM/WC and the CWCB. Moreover, LM/WC shall provide the CWCB with a copy of any accounting forms or reports submitted to the Division Engineer or to the Water Commissioner. 13. The CWCB shall install and maintain such measuring devices and maintain such records as the Division Engineer may require for administration of this right, if the Division Engi- neer deems it necessary to install measuring devices and maintain records in addition to those that are the obligation of LM/WC under the provisions of paragraph 12(c) above. CONCLUSIONS OF LAW 14. The court has jurisdiction over the parties, over the subject matter of this application, and over water users who may be affected, whether they have appeared or not. JUDGMENT AND DECREE 15. The provisions of paragraphs 1 through 14 above are incorporated herein and made a part of this court's judgment and decree as if set out in full. 16. The application in this matter is hereby approved, subject to the terms and con4itions set forth in this decree. 17. The priority herein awarded, said West Fork Pass Creek instream flow, was filed in the water court in the year of 1989 and shall be administered as having been filed in that year; and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priorities shall be determined by historical dates of appropriation and not affected by the date of entry of decree. -4-