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<br />:?{f.;; <br /> <br />>r <br /> <br />....-;.. <br />. '.::.'."~. <br />0:';"}J <br /> <br />n","'" ~3 <br />..; .J _ V ~I <br /> <br />(19). Case No. 88CWl77, (Ref. W-3392 & 82CW1l6); ROBERT <br />SWEITZER, c/o Robert E. Wright, Jr., P.O. Box 179, Gunnison, <br />Colorado 81230; Application to Make Absolute a Conditional, <br />Water Right; UNIT 3 WELL NO. 58, located upon Lot 58, Dos,R10S <br />Unit 3 according to the plat thereof of record in the ~fflce ~f <br />the Clerk and Recorder of Gunnison County, Colorado, sltuate ln <br />the NWl/4 SE1/4, Section 10, Township 49 North, ~ange 1 West, <br />N.M.P.M. Source of Water: alluvium of the Gunnlson Rlver. <br />Decree for 0.016 c.f.s., with an appropriation date of May 10, <br />1975 for domestic and lawn and garden watering purposes, with <br />dili~ence as follows: The subject well was drilled on Septe~ber <br />, 19, 1988, a pump installed therein, and water the~efrom applled <br />. to beneficial use in the Applicant's residence on November 24, <br />1988. Gunnison County.. <br /> <br />(20). Case No. 88CW178; COUNTY OF ARAPAHOE, by its <br />attorneys, John R. Henderson, Paul J. zilis, P.O. Box 871, <br />Boulder, Colorado 80306; Application for Water Storage Rights <br />(Conditional), Surface Water Rights and for a Change of Water <br />Right as follows: <br /> <br />This Application is filed in the alternative to the <br />Application of Arapahoe County.presently pending before this <br />Court in Case No. 86CW226. The only substantial difference <br />between the two Applications is the information concerning <br />appropriative acts set forth in paragraph 5. A motion is <br />presently pending before this Court which presents the issue of <br />validity of the appropriative acts asserted in Case No. 86CW226 - <br />whether a private entity can initiate an appropriation for a <br />municipal water right which right is acquired by a municipal user <br />or users prior to the date of trial. l~hatever the rUling on that <br />motion an eventual appeal appears ce~tain, -given the significance <br />of the Union Park project, and now that the issues have been <br />raise~, ~pplican~ wi2l ~e at ri5~ un~il a ~i~al decision is <br />r€~de~ed cy t~e C0~oredo S~pre~e COur~. l~e apprcpria~ive ac~s <br />claimed i~ the prese~~ Applica~ion assert a different, b~t later, <br />cate of appropriztion creating ~he risk ~ha~ they way be junior <br />to co~pe"ing applications curren"ly pending before this Court. <br />These are the reasons that the present Application is filed in <br />the alternative ~o Case No. 86CN226. Ap~licant does not by this <br />filing seek a greater quantity of water than set forth in each <br />Application. - ~ . <br /> <br />1. Name, acdress and telephone numbe~ of Appii~ant: <br /> <br />The Cou~ty of Arapahoe <br />a Cou~ty of the State of Colo~ado c~d a <br />body corporate a~d poli~ic <br /> <br />c/o 30ard of County Co~missioners <br />A~tn: }i~. Al Thelen, Co~n:y Manager <br />5JJ~ South Prince Street <br />Littleton, Colorado 80166 <br /> <br />?.7 <br /> <br />G CCJOOOiS <br />