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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"The right to divert the unappropriated
waters of any natural stream shall never
be denied. II

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They also rely on Bond v. Twin Lakes Res. and Canal Co., 496 P2d
311 (Colo. 1972) and Hardesty Res., Canal and Land Co. v. Arkansas
Valley Su~ar Beet and Irr. Land Co., 277 P.763 (Colo. 1929).
The Court believed that the language of Sec. 148-21-20(3) which
provides:

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" All persons interested shall be
permitted to participate in the hearing."
(Emphasis supplied)

should be broadly construed, and that the interests of Justice.

dictated. that objectors should be permitted to be heard, and

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therefore denied applicants' Motion to. Dismiss the statements
of opposition. The Court particularly believes this to be true
when withdrawal of water from wells may have a delayed effect on

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existing surface rights, as a different problem is presented to
water administration officials than in the case of a junior

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surface appropriator whose diversions out of priority are readily

detectible.

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2. Applicants have vigorously and consistently maintained
that they are entitled to decrees for the use of the 14 irrigation

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wells upon the Preisser land upon'proof that the date of initiation""
of appropriation, reasonable diligence in applying the water to

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irrigation of the Preisser land and proof of the capacity of the
wells, without the necessity of proving the availability of
water. Applicants presented their evidence in support of the
availability of water after expressly reserving their position.
Similarly, a continuing objection was preserved to the admissibility

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of evidence by o~jCctor5 to ShOH the non-availability of water
O~ injury to holde~5 of senior decrees. In view of the Cou~tls

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finding that there is water available for approprlationJ it 1s
unnecessary to rule on these matte~s. ~ RQ~~~ ;~ the findinv.s.

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..t-r.... ~c::t..erm~ni:il,.lUll U1 t.:ne fact t~at water 15 ava~J.d[)l~ tv~ cq.J}'J. u-

p.ria~~t." I.;. 1Ud.l..h: t:::d.~.d~l' uy I"oe ~ssuance of the well pel,II;......, :"'J

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t-........ C::r~ toe r:"e,.111t:::t:::J. .