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Amended Application for Underground Water Right and Change of Water Right <br /> Case No. 13 CW 3081 <br /> Ruling of Referee and Decree <br /> Page 7 <br /> existing storage pool: The point of diversion for the Evans Ditch is located on land owned <br /> by the Landowners. <br /> CONCLUSIONS OF LAW <br /> 16. To the extent they constitute legal conclusions, the foregoing Findings of Fact are <br /> incorporated herein. <br /> 17. The Application herein is one contemplated by law, and this Court has jurisdiction over the <br /> subject matter of this proceeding. The Application is complete, covering all applicable <br /> matters required pursuant to the Water Right Determination and Administration Act of 1969. <br /> C.R.S. §§ 37-92-101-602. <br /> 18. All notices required by law have been properly made, including as required under C.R.S. <br /> § 37-92-302(3). The Court has jurisdiction over the Application and over all entities or <br /> persons who had standing to appear, even though they did not do so. <br /> 19. Co-Applicant Elam has initiated a valid appropriation of the underground water right for <br /> which application has been made herein,as of the date claimed in the Application. Water is <br /> available for appropriation under this priority. <br /> 20. The water which collects in the Una Gravel Pit No.2,also referred to herein as the Pit,is not <br /> in storage, as defined in C.R.S. § 37-92-103(10.5), and in the administration of the water <br /> right granted pursuant to this Application, statutes and other law relating to the storage of <br /> water, including without limitation C.R.S_ § 37-92-502(3), shall not be applicable.. <br /> 21. The change of water right described above, meets the statutory criteria for changing water <br /> rights, as set forth in C_R.S. §§ 37-92-103(5), -302(1), and -305, and other applicable <br /> statutes,and is one contemplated by law. The requested change of water right will not cause <br /> material injury to any owner of or persons entitled to use water under a vested water right or <br /> decreed conditional water right. <br /> 22. Applicants have fulfilled all legal requirements for a decree for the requested water right and <br /> change of water right. <br /> RULING OF THE REFEREE <br /> 23. The Findings of Fact and Conclusions of Law as set forth above are incorporated herein <br /> by reference and are hereby modified as necessary to constitute part of the Ruling and <br /> Final Judgment and Decree. <br /> 24. The Application for a underground water right for the Una 2 Gravel Pit No. 2 as set forth in <br /> the Findings Re:First Claim For Relief,above,is hereby approved. An absolute water right <br />