ISFAPP00420

• Case Number: 80CW0067
• Stream Name: Middle Fork South Platte River
• Watershed: Middle Fork South Platte River
• Water Division: 1
• Water District: 23
• County: Park
• Instream Flow App - Doc Type: Final Decree/Stipulations

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DISTRICT COURT, WATER

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Case No. B OCW6 7 DIY Of WA Tt:fi It2SOUFlOEB .lot c';,;r, lI'Ai e.,1 CvU~i
STA TE ENGINEMl WElO COUNTy COlo.
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FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING 'OF THE WATER
REFEREE, AND DECREE OF THE WATER JUDGE

;~;'::_r. ;:

IN THE Y~TTER OF THE APPLICATION FOR WATER RIGHTS OF COLORADO
WATER CONSERVATION BOARD, IN THE MIDDLE FORK OF THE SOUTH
PLATTE RIVER, IN THE COUNTY OF PARK

"

This matter having come on for hearing upon the application
of the Colorado Water Conservation Board for direct flow water
rights pursuant to C.R.S. 1973, 37-92-102(3) and 37-92-103(3),
(4), and (10), which was filed on March 10, 1980, and the referee
being fully advised in the premises, does hereby find:

Timely and adequate notice of the application and the pro-
ceedings in this matter have been given as required by law, and
the referee has jurisdiction over the subject matter of this ap-
plication, over all of the parties who have appeared, and over
those who have not appeared but could have appeared.

Statements of opposition to said application were filed by
the City of Thornton and the Town of Fairplay. A status confer-
ence was held before the referee on September 13, 1982. Counsel
for objector City of Thornton did not appear. The attorney gen-
eral was instructed to prepare a proposed ruling upon reaching an
agreement with the Town of Fairplay.

Statements of opposition were also filed by willows Water
District and Rialto, Inc. A stipulation was reached with the
district and its statement of opposition was withdrawn. That
stipulation is incorporated herein as if fully set forth. Rialto
also withdrew its opposition prior to the 1982 status conference,
which withdrawal is similarly incorporated herein.

All matters contained in the application having been re-
viewed, and testimony having been taken where such testimony is
necessary, and such corrections made as are indicated by the evi-
dence presented herein, the court finds that the statements con-
tained in the application are true and that applicant is entitled
to the water right requested in the application.

IT IS THEREFORE ORDERED AND DECREED: