PROJ00506

• Contract/PO #: C153824
• Contractor Name: Preisser, Rodney J.
• Contract Type: Loan
• Water District: 17
• County: Lincoln
• Bill Number: SPL
• Loan Projects - Doc Type: Feasibility Study

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objectors who utilize water of this basin through wells, as each

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of them testified that the water levels in their wells declined
in dry years, but that in the spring of 1973, following an
unusually wet winter, they had all recovered to levels at or

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above the level which existed previously. This, in spite .of the
fact that as much as 600 acres of applicants' land has been
irrigated with water from four of wells 1-5, beginning in 1967.

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. '21. The applicants have proved the matters stated in
their applications.

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CONCLUSIONS OF LAW

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1. Applicants, after an opening statement in which .they
maintained that they were not seeking to change the irrigation
use for which all of the wells were authorized, but seeking a new
appropriation tor "irrigation, 'municipal, commercial,.. lndust;--lal,
recreational and other beneficial purposes, including the out of

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basin transportation of water to these purposesll, moved to d15-

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miss the Statements of Opposition on the ground that all of the
rights of objecto~s were senior to.those of applicants, that
applicants' ~ights would be junior to all of the rights ~ objecto~s
and that the water' officials were obligated to administer the
waters of the basin so as to supply the rights of seniors before
applicants would be permitted to divert. Applicants point out
that this Court, and all of ~he other water courts on the Eastern

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Slope of Colorado are constantly granting decrees on over-appro-

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pr1atec streams, and that it 1s a matter of judgment on the part

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of a junior appropriator as :0 whether his water supply will be
adequate to Justify the investment he contemplates making 1n
reliance on his junior right. Applicants rely strongly on
Section 6 of Article XVI of the Colorado Constitution which

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prOVides:

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