2015-09-17_PERMIT FILE - C1984065 ‎(3)‎

• Permit No: C1984065
• IBM Index Class Name: Permit File
• Doc Date: 9/17/2015
• Section_Exhibit Name: 4.0 Exhibit and Figures
• Media Type: D
• Archive: No

•
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A. Upon the incorporation of the terms ,end condttions of this
stipulation anri agreen+ent within any decree yranted herein, the.
Objectors' Statement of Opposition shall Ue deemed withdrawn.
B. Objectors and Applicant agree that the interests of Applicant in
the water rights sought to be changed shall be subordinate to the
consumptive use and administration requirements of the Riverbend
Subdivision, Garfield County, as beneficiary of the decree in Case
tlo. W-2127, Water Division No. 5. Nothiny herein shall be decreed
which interferes, impedes or adversely affects the administration
requirements of said plan and the change of water rights requested
shall specifically recognize and be subordinated to the consumptive
use requirements set forth in Case No. W-2127.
C. This Agreement shall be binding upon and inure to the benefit of
the heirs, successors and assigns of the parties hereto.

10. The followiny terms and conditions, whir,h are hereby incorporated in
this Ruling of Referee, will satisfy the concerns of Opposer Jill C. 14cKinnis:
A. Nothing in this Decree shall permit an increase in thr_ amount of
water historically consumptively used in excess of the 'lulcan Ditch
Priorities as approved by the Court in Case No. N-2127.
B. Measurin; devices and recording devices as required will he
installed and maintained to insure that the use of water as Decreed
to the Vulcan Ditch is not Increased or expanded.
C. Nothing in this Decree shall change the administration of the
water rights of the Canon Creek System in Priority.

The Referee does therefore conclude that the above-entitled Application
should be approved and that an alternate point of diversion may be established
at the point of diversion of the Coal Ridge Pump and Pipeline at the location
as described in paragraph 5(b) above; subject, however, to the terms and
conditions of the Stipulation and Agreement as set forth in paragraph 9 above;
and further subject to the conditions as set forth in paragraph ]0 above.
The Court approves the proposed plan for operation of the Vulcar~ Ditch
water right as set forth herein, insofar as it is in compliance with the Decree
in Casc No. W-2127.
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