PROJ00072

• Contract/PO #: C153592
• Contractor Name: West Divide Water Conservancy District
• Contract Type: Loan
• Water District: 0
• County: Garfield
• Bill Number: SB 89-85
• Loan Projects - Doc Type: Feasibility Study

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Joyce Ceri se 85CW130
Frederick G. Alsbury
Donald Alsbury
Ruling of Referee
Page No. 2

6. On July 9, 1965, in Civil Action No. 4954, the~arfield County
District Court awarded to the Alsbury Reservoir, Structure No. 194, Priority
No. 271, a conditional water right for 249.76 acre feet ,of water, to be used
for irrigation purposes, with appropriation date of June 15, 1961.

7. During the intervening years, at timely intervals as required by
Statute, the Claimant has shown to the Court that reasonable diligence has been
exercised in the development of this conditional water right, and the Court
has ruled that said water right be continued in full force and effect.

8. On May I, 1985, as directed by the Court in the last previous Finding
of Reasonable Diligence, the Claimant filed, in Water Court for Water Division
No.5, an Application for Quadrennial Finding of Reasonable Diligence in the
development of this conditional water right.

In support of this Application, the Claimant has submitted a detailed
outline of the work performed and the expenditures made during the last
quadrennial diligence period toward the development of this conditional water
right.

The Referee, having examined the information submitted by the Applicant,
and having completed the investigations necessary to make a determination in
this matter, does find that the Claimant has shown reasonable diligence in the
development of the proposed appropriation of the 249.76 acre feet of water
conditionally awarded to Alsbury Reservoir; and therefore concludes that the
above entitled Application should be granted, and the conditional water right
be continued in full force and effect.

Application for a Quadrennial Finding of Reasonable Diligence shall be
filed in May of 1989 and in May of every fourth calendar year thereafter so
long as the Claimant desires to maintain this conditional water right or until
a determination has been made that this conditional water right has become an
absolute water right by reason of the completion of the appropriation.

It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.

It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.

Dated ;:J(/~v:'5r I'::>' /'1d'';- .
/

BY THE REFEREE:

~'A/~d
a eferee
W er Division No. 5
State of Colorado