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<br />10. Transfer of Applicants' Adobe, Mineral and Newlin Creek Rights. (a) These <br />water rights are described in Paragraphs 5(aX3) through 5(aXI7) of these Findings. <br />Applicants have historiCally maintained one point of diversion from each of the said <br />three creeks for municipal me. <br />(b) Current points of diversion will be maintained up to the maximum <br />capacity of said structures. <br />(0) Water which is diverted under these rights may be measured and <br />released to the stream system via First Alkali Creek in the NWI/4 Section4, T. 20 S., R. <br />69 W. from the existing reservoirs of the City of Florence in said Section 4. This water, <br />shall then be measured immediately upstream of the confluence of Coal Creek and the <br />Union Ditch wasteway, and the net amount delivered may be diverted at the new point of <br />diversion on the Arkansas River. Measurement devices sluill be installed before any such <br />credit for reservoir releases may be allowed. Water which is diver~ed at tne new point of <br />diversion on the Arkansas River under these rights may also be conveyed to the Fl<X'ence- <br />Cool Creek-Williamsburg Reservoirs for storage therein. <br />(d) These water rights have historically not been subjected to call by <br />water rights on the Arkansas River tt Hardscrabble Creek, and such call would be futile. <br /> <br />U. Transfer of Applicants' Rights on Coal, Oak and ChaM1er Creeks.. (a) These <br />water rights consist of various s(rings or wells described in Paragraphs S(b) and S(c) of <br />these l"indi ngs. <br />(b) Pursuant to aqjudication in cases W-4221, W-41SJ and W-2731 in this <br />Court, and C.R.S. 1973 ~ 37-92-306, these rights are entitled to be administered under <br />their actual priority dates, to wit: March 5, 1864 for rights listed in Paragraph 5(b) of <br />these Findings; December 31, 1890 for Williamsburg Wells No.1 and No.2; and July 1, <br />1907 for the Chandler Creek Well. <br />(e) Due to the large nwnber, cifficulty of access and expense of <br />maintaining the existing (X>ints of diversion of these water rights, the court finds that no <br />good purpose would be served by requiring Applicants to continue to operate them. <br />Other water rights will be protected by the following limitation. <br />(d) These water rights may be diverted at the new alternate point of <br />diversion on the Arkansas River when in J;l"iority under thEir actual ap{ropriation dates, <br />but with a monthly maximum for all combined of 17 acre feet for June through <br />November and 9 acre feet for December through Moy. <br /> <br />-8- <br />