2017-06-16_GENERAL DOCUMENTS - M1989056

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ISTRICT COURT,WATER DIVISION NO. 1, DATE FILED:May 14,2015 6: 8 AM TATE OF COLORADO CASE NUMBER:2004CW6 Court Address: 901 9`h Avenue, Greeley, CO 80631-1113 Mailing Address: P.O. Box 2038, Greeley, CO 80632-2038 ONCERNING THE APPLICATION FOR WATER IGHTS OF: COURT USE ONLY pplicant: Don Kehn Construction, Inc., a Colorado orporation N LARIMER COUNTY Case Number:2004CW6 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECREE OF THE WATER COURT This matter having come before the Water Court upon the Amended Application for Change of Water Rights, Approval of Plan for Augmentation and Application for Storage Water Rights filed herein by Don Kehn Construction, Inc. ("Kelm"), and the Court having considered the pleadings, the evidence presented, the comments of the Division Engineer, and otherwise being fully informed, hereby makes the following findings of facts and conclusions of law and enters its decree as set forth below. I. FINDINUS OF FACT 1. Name and Address of Applicant. Don Kehn Construction, Inc. 6550 South County Road 5 Fort Collins, Colorado 80528 2. Filing and Jurisdiction. A properly verified Amended Application was filed in this matter by Kehn on March 12, 2004 (the "Application"). Timely and adequate notice of the Application was given in the manner provided by statute. (See §37-92-302, C.R.S.) All notices required by law for the filing of the Application have been given, and the Court has jurisdiction over the Application. 3. Withdrawal and Abandonment of Storage Water Rights Claim. Kelm has withdrawn and abandoned its claim for Conditional Storage Water Rights in the Timnath Pit as set forth in its Application and no such rights are granted herein. 4. Statements of Opposition. The City of Greeley, Colorado, the City of Thornton, Colorado, and the Cache la Poudre Water Users Association filed 1