<br />.
<br />.
<br />
<br />..,
<br />
<br />CEHTr.,;l FIlESRECEl\'t'J ,,,,, ., '"'' "m ","
<br />
<br />DISTRICT COURT, WATER DIVIS~Np4 'i6COLO~6 ~PR II P;2: ZS
<br />Case No. 80CW67 DIY Of WATEf\ REIOUfICII lot OIH.WAlil., COUAT
<br />STATE !NOIN.... \VELO COUNTy COLQ.
<br />----------------------------OOl~DCr---------------------------
<br />.'
<br />
<br />FI~ro!NGS or FACT, CONCLUSIONS OF LAW, RULING OF THE WATER
<br />REFEREE, AND DECREE OF THE WATER JUDGE
<br />
<br />,,',.....h ':;
<br />
<br />--------------------------------------------------------..--------
<br />
<br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF COLORADO
<br />WATER CONSERVAT!O;, BOARD, IN THE MIDDLE FORK OF THE SOUTH
<br />PLATTE RIVER, IN THE COUNTY OF PARK
<br />
<br />-----------------------------------------------------------------
<br />
<br />"
<br />
<br />:?
<br />This matter having come on for hearing upon the application
<br />of the Colorado Water Conservation Board for direct flow water
<br />rights pursuant to C.R.S. 1973, 37-92-102(3) and 37-92-103(3),
<br />(4), and (10), which war" filed on March 10, 1980, and the referee
<br />being fully advised in the premises, does hereby find:
<br />
<br />Timely and adeq~ate notice of the application and the pro-
<br />ceedings in this matt~~~have been given as required by law, and
<br />the referee has juris~ic~~bn over th~ subject matter of this ap-
<br />plication, over all of~the parties who have appeared, and over
<br />those who have not appeared but could have appeared.
<br />
<br />Statements of opposition to said application were filed by
<br />the City of Thornton and the Town of Fairplay. A status confer-
<br />ence was held before the referee on September 13, 1982. Counsel
<br />for objector City of Thornton did not appear. The attorney gen-
<br />eral was instructed to prepare a proposed ruling upon reaching an
<br />agreement with the Town of Fairplay.
<br />
<br />Statements of opposition were also filed by Willows ~ater
<br />District and Rialto, Inc.' A stipulation was reached with tt~
<br />district and i~s statement of opposition was withdrawn. That
<br />stipulation is incorporated herein as if fully set forth. Rialto
<br />also withdrew its opposition prior to the 1982 status conference,
<br />which withdrawal is similarly incorporated herein.
<br />
<br />All matters contained in toe applicatio~ having b~en re-
<br />viewed, and testimony having been taken where such testimony is
<br />necessary, and such corrections made as are indicated by the evi-
<br />dence presented herein, the court finds that the statements con-
<br />tained in the application are tru~ and that applicant is entitled
<br />to the water right requested in the application.
<br />
<br />IT IS THEREFORE ORDERED ~ DECREED:
<br />
<br />.=""l'!-'I'-r>!'"
<br />h__~ ":_'..j).:..f'> ~";rl..t~. '_',)"""
<br />
<br />--:':' ;.,'-., .~~ '""",
<br />
<br />-:"~:1::,'- .,.' ;,. '( ~,il.~(' ,,,~ . ," < '"
<br />
<br />, ~:<:' , ,j-Y, " ,',:-,;', :"",
<br />
<br />
|