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New Cache La Poudre Irrigating Company
<br />Case Nos. OICW201/01CW288 and 04CW343
<br />Page 2 of 20
<br />Reservoir and Recharge Facility," which is the Cornish Plains Reservoir that is the subject of
<br />this consolidated matter (hereinafter the "Cornish Plains Reservoir"). Applicant also claimed
<br />in the First Amendment an additional amount of 700 acre feet of water to be stored in the
<br />Cornish Plains Reservoir, for a total of 1,600 acre feet. Since filing the First Amendment,
<br />Applicant has determined that it will not construct the Drury Reservoir. On December 29,
<br />2004, Applicant filed Case No. 2004CW343 to claim an additional 1,500 acre feet of water
<br />for storage in the Cornish Plains Reservoir (the "Enlargement Application"), for a total of
<br />3,100 acre feet of storage in the Cornish Plains Reservoir (1,600 a.f. + 1,500 a.f.). However,
<br />the Cornish Plains Reservoir as constructed has a capacity of only 2,655 acre feet and,
<br />therefore, Applicant has withdrawn its claim for the excess.
<br />Upon the motion of Applicant, this Court ordered Case No. 2001CW201 be consolidated
<br />with Case No. 2001CW288 on September 29, 2004. Case No. 2001CW288 had been
<br />originally filed by Cornish Plains Livestock, LLP, but had been assigned by that entity to
<br />Applicant. On September 17, 2008, Applicant filed a motion to consolidate Case No.
<br />2001CW201/2001CW288, with Case No. 2004CW343. The Court granted the requested
<br />consolidation on September 18, 2008.
<br />In summary, the three above -captioned applications have been consolidated for disposition
<br />before this Court by order of this Court dated September 18, 2008. Applicant has advised the
<br />Court, however, that it seeks a findings of fact, conclusions of law and a ruling and decree
<br />based only on the claims made in the applications made in Case No. 2001CW201, and
<br />amendments thereto, and Case No. 2004CW343, and, therefore, this ruling and decree are
<br />entered based on the applications made in those cases. Accordingly, Applicant is claiming a
<br />storage right in the amount of 2,655 acre feet for the Cornish Plains Reservoir, a storage right
<br />in the amount of 300 acre feet for the Barnesville Equalizer, and surface and drainage water
<br />rights for the Greeley No. 2 Canal (a.k.a. the New Cache La Poudre Irrigating Company
<br />Ditch).
<br />3. Statements of Opposition. The following statements of opposition have been filed:
<br />3.1. Case No. 2001CW201: JBS Swift & Co. (f.k.a. Swift Beef Company and ConAgra Beef
<br />Company), the City of Greeley acting by and through its Water & Sewer Board, the
<br />Greeley Irrigation Company, Cornish Plains Livestock, LLLP, Noffsinger
<br />Manufacturing Co., Inc., and the City of Thornton all filed timely statements of
<br />opposition in this matter. Graham Drainage Ditch Company and Union Colony
<br />Investors, LLC moved to intervene in this matter on February 27, 2002, and a Statement
<br />of Opposition on behalf of those entities was also filed. In addition, Noffsinger
<br />Manufacturing Co. Inc., filed a Motion to Withdraw its Statement of Opposition, and the
<br />Court entered an Order Allowing Withdrawal of the Statement of Opposition on April 6,
<br />2007. Upon consolidation of Case No. 2001CW201 and 2001CW288, Cornish Plains
<br />Livestock, LLLP moved to withdraw as a party in this consolidated matter, and the
<br />Court granted its withdrawal on May 3, 2007. The time for filing additional statements
<br />of opposition in Case No. 2001CW201 has expired.
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