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;. . , ] DJL ~rDl~ ~~\\~f~Jt"lf1i ~N O'i 1982 U. L.J ____'__ n COLORADO WAYER CONS:::RVIHIOf\l BOARD . .r--.LEb '~'\'ATt"~ COURT DlV. G :&TATE: OF: CCLO:ilACC DISTRICT COURT, WATER DIVISION NO.6, STATE D~ COLORADO !"PP. 1 3 1982 Case No. 81 C~ 305 ------------------------------------------------~~~~~~~ --,~;.. C;:LERK~ "l;, . RULING OF REFEREE n -.....--....DS.PUTY.--.--- ----------------------------------------------------------------- IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO TO PRESERVE THE NATURAL ENVIRONMENT TO A REASONABLE DEGREE IN WHALEN CREEK IN JACKSON COUNTY. The court being fully advised as to the matter of the application herein, hereby makes the following ruling: All notices required by law of the filing of the appli- cation herein have been fulfilled and the court has juriSdic- tion over the subject matter and over all parties hereto. No statements of opposition to the application were filed. The Jackson County Water Conservancy District filed an entry of appearance herein. A stipulation has been reached between the Conservancy District and such stipulation is made part of and incorporated into this order and decree, the terms of which are as follows: 1. App1 icant agrees to subordinate the water rights herein to any water right for irrigation or for storage for irrigation use so long as said water right continues to be used for irrigation in Jackson County, Colorado and so long as said water right will not cause more than 145,000 acres to be placed under irrigation in Jackson County or cause more than 17,000 acre-feet of water to be stored in Jackson County for purposes of irrigation from the North Platte River and its tributaries between October 1 of any year and September 30 of the following year. The applicant is not bound by this stipulation if said water right is no longer used for purposes of irrigation.