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Findings of Fact, Conclusions of Law and Decree <br />Case No. 06CW 123 <br />Page 2 of 23 pages <br />Proposed Decree 19 January 2012 <br />4. The following parties have stipulated to the entry of this ruling: <br />a. The City of Gunnison; <br />b The Board of County Commissioners of the County of Gunnison; <br />Tomichi Creek Wetlands, LLC; and <br />d. Mr. Joe Schultheis <br />5. The Second Amended Application is for conditional underground water rights, <br />conditional storage rights, conditional surface rights, changes of water rights and for approval of <br />a plan for augmentation. <br />6. The land and water rights involved herein are not included within the boundaries <br />of a designated groundwater basin. <br />The Gunnison Rising Project <br />7. The Application is to provide a water supply for Gunnison Rising, a mixed land <br />use development project in the Tomichi Valley ( "the Project "). The land upon which the <br />development will occur and the decreed and claimed water rights will be used was annexed by <br />action of the Gunnison City Council on December 5, 2009. At full development, the annexation <br />will cause the size of the City of Gunnison to increase by approximately 40 percent or more over <br />its present size. <br />8. Gunnison Rising is being developed on approximately 871 acres situated in the <br />Tomichi Creek Valley, adjacent to the City of Gunnison (hereinafter "Property" as described in <br />Paragraph 9). At present, a significant portion of these lands are hay meadows irrigated with the <br />Gunnison Valley Properties' interests in the Biebel Ditches No. 1 and 2, the Gullett- Tomichi <br />Irrigating Ditch, and the Gunnison and Tomichi Valley Ditch Association Ditch (collectively <br />"The Ditches "). Potable water for the development is planned to be obtained from two or more <br />wells constructed on the Property, with waste water from the development treated at the City of <br />Gunnison waste water treatment plant. <br />