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I <br />EFILED Document — District Court <br />DISTRICT COURT, WATER DIVISION NO. 1, <br />COLORADO <br />Court Address: 901 9�h Avenue, Greeley, CO 80631-1113 <br />Mailing Address: P.O. Box 2038, Greeley, CO 80632-2038 <br />2001CW201 <br />CO Weld County District Court 19th JD <br />Filing Date: Nov 3 2010 3:25PM MDT <br />Filing ID: 34170305 <br />♦COURT USE ONLY <br />CONCERNING THE APPLICATIONS FOR WATER <br />RIGHTS OF: <br />,THE NEW CACHFAMPUDRE IRRI(JOW <br />Case No: 2001CW201 <br />COMPANY <br />(2001CW288) <br />IN LARIMER AND WELD COUNTIES <br />AND <br />2004CW343 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND <br />DECREE OF THE WATER COURT <br />THE CLAIMS in Case Nos. 2001CW201, 2001CW288 and 2004CW343 were filed with <br />the Water Clerk, Water Division No. 1, on November 13, 2001, December 31, 2001, and <br />December 29, 2004, respectively. The consolidated matter now comes before the Court, and <br />having considered the pleadings, the evidence, and the comments of the Division Engineer, does <br />hereby enter the following Findings of Fact, Conclusions of Law, and Decree of the Water Court. <br />I. FINDINGS OF FACT <br />1. Applicant. The Applicant is the New Cache La Poudre Irrigating Company, P.O. Box 104, <br />Lucerne, CO 80646. <br />2. Applications. Applicant has requested storage rights for two structures, surface and drainage <br />water rights, and recharge rights. In the original application in Case No. 2001CW201, filed <br />on November 13, 2001 (the "Original Application"), Applicant, among other claims, <br />requested a 1,500 acre-foot storage water right in the Cornish Plains Reservoir (the "Original <br />Cornish Plains Reservoir"), as well as a 300 acre feet storage water right for the Barnesville <br />Equalizer and Recharge Facility (the "Barnesville Equalizer"). Thereafter Applicant filed <br />its First Amendment to the Original Application on December 19, 2002 (the "First <br />Amendment"). In the First Amendment, Applicant stated that the Original Cornish Plains <br />Reservoir structure was renamed the Drury Reservoir and the capacity claimed of 1,500 acre <br />feet was reduced to 600 acre feet. The remaining 900 acre feet to be stored in the Original <br />Cornish Plains Reservoir, would be stored in a new reservoir named the "Cornish Plains <br />