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<br />" <br /> <br />j <br /> <br />Water Diyision 5, Colorado <br />Case No. 03CW34 <br />RULING OF REFEREE/DECREE OF COURT <br />Page 2 <br /> <br />conditional, for livestock watering purposes, with an appropriation date of August <br />1, 1996. To thereafter maintain that conditional water right, the owner of the right <br />was directed to timely file an application for a finding of reasonable diligence <br />and/or a determination that the right had been made fully or partially absolute by <br />completion of the appropriation, <br /> <br />In support of this Application, the Applicants have submitted a detailed outline of the <br />work performed and the expenditures made during the last diligence period toward the <br />development of this conditional water right set forth below. <br /> <br />In 1998, Applicant laid a 3/4 inch pipe from Schultz Spring No.3 to Applicant's corral at <br />a cost of approximately $250.00 not including labor. <br /> <br />The Referee, having examined the information submitted by the Applicants and having <br />completed the investigations necessary to make a determination in this matter, does find that the <br />Applicants have shown reasonable diligence in the development of the proposed appropriation of <br />the 0.01 cubic feet per second (0.5 g.p.m.) conditionally awarded to Schultz Spring No.1 for <br />livestock watering purposes and put the water to beneficial use on June 12, 1998. Accordingly, <br />it is hereby ORDERED that said conditional water right is hereby made absolute. <br /> <br />The subject structure comprises a berm approximately four (4) feet in length and one foot <br />in height within ten (10) feet of the spring. Water is then conveyed directly by gravity flow in a <br />3/4 inch pipe and carried a distance of approximately 150 feet into a corral used for stock <br />watering. Based on this description, the Referee hereby finds the subject structure is a near <br />surface structure pursuant to C.R.S. S 37-90-103(21)(b) and C.R.S. S 37-92-103(l4)(b). <br /> <br />It is further ORDERED that this Ruling shall be filed with the Water Clerk, subject to <br />judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the appropriate <br />Division Engineer and the State Engineer. <br /> <br />Dated: <br /> <br />SEP 0 9 2005 <br /> <br />~~~ <br /> <br />Water Referee <br /> <br />COpy of the foregoinl!: mailed <br />to all Counsel of record /. <br />Water Referee_Diy, EM-f <br />State En0ate q 05 <br />· fL <br /> <br />S~~/lz <br />61o~1pU <br /> <br />- <br />