ISFAPP01093

• Case Number: 03CW0037
• Stream Name: Ford Creek
• Watershed: Saguache Creek
• Water Division: 3
• Water District: 26
• County: Saguache
• Instream Flow App - Doc Type: Final Decree/Stipulations

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3. The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969, c.R.S. SS 37-92-101 through-
602.

4. The Court has given due consideration to the Division Engineer's Summary of
Consultation dated May 16, 2003. See CR.5. 937-92-302(4).

5. Applicants have fulfilled all legal requirements for a decree for the requested finding
of reasonable diligence and to make the Ewing Spring absolute (in part), including c.R.S.
9937-92-301 and 37-92-302.

6. The Court hereby concludes the Applicant has established that water can and will
be diverted under the subject conditional water right and will be beneficially used, and that
this appropriation can and will be completed with diligence and within a reasonable time.

7. The subject Application is in accordance with Colorado law. Applicants have
fulfilled all legal requirements for entry of a decree in this case.

III. JUDGMENT AND DECREE

1. The foregoing findings of fact and conclusions of law are incorporated herein.

2. The Court hereby adjudges and decrees that Applicants have been reasonably
diligent in perfecting the conditional Ewing Spring water righ ts for domestic and irrigation
uses as decreed in case no. 95CW160 and described herein. See CR.S. S 37-92-301 (4) (b).

3. The Cou~ hereby confirms and decrees absolute the 0.2 c.f.s. irrigation water right
for the Ewing Spring decreed in case no. 95CW160 and described herein.

4. The conditional 0.066 c.f.s. domestic water right decreed to the Ewing Spring in case
no. 95CW160 and described herein shall remain in full force and effect until
1<'F.l\RTTARY 2010. If the Applicants wish to maintain this conditional water
right thereafter, they shall file an application for finding of reasonable diligence on or before
that date, or make a showing on or before that date that the conditional water right has
become absolute by reason of the completion of the appropriation.

5. Review of determinations made by the Division Engineer or the State Engineer in

CASE No. 03CW37
APPLICANTS: BART AND MARY KArnERINE EWING
FINDINGS OF FACT, RULING OF REFEREE, AND JUDGMENT AND DECREE OF WATER COURT
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