Laserfiche WebLink
Decree <br /> Case No. 04CW6 <br /> timely Statements of Opposition to the Application. No other Statements of <br /> Opposition were filed and the time for filing such statements has expired. <br /> 5. All Persons Bound. All persons affected by the Application,whether appearing <br /> or not, are parties hereto and are bound by this Decree of the Water Court(the <br /> "Decree"), all notices required by law have been given, and the Court has <br /> jurisdiction over the subject matter of this proceeding. See §37-92-203, 37-92- <br /> 302, C.R.S. <br /> 6. Overview of the Application. The Application in this case is for a Plan for <br /> Augmentation and change of water rights represented by 3.5 shares of the Box <br /> Elder Ditch Company, decreed in Case No. 320, Larimer County District Court on <br /> April 11, 1882. Kehn seeks to change the water rights attributable to its ownership <br /> of 3.5 shares of the 64 outstanding shares in the Box Elder Ditch Company (share <br /> certificate#313)to allow for augmentation, commercial, and industrial uses as <br /> described herein. Kehn's augmentation plan will result in making a water <br /> supply available in the Cache ]a Poudre River,and its tributaries, to compensate <br /> for otherwise out-of-priority stream depletions caused by evaporation of exposed <br /> groundwater on the property due to mining activities and operational losses <br /> resulting from use of such groundwater for said mining activities. <br /> 7. Division Engineer Consulted. The Water Referee consulted with the Division <br /> Engineer as required by law and summaries of such consultation were filed on <br /> April 29, 2004 and June 21, 2004. Copies of the summaries of consultation were <br /> duly served on the opposers herein via Lexis Nexis. Kehn's Response to the <br /> Summaries of Consultation was filed on September 1, 2004. The court has duly <br /> considered the Summaries of Consultation. <br /> 8. No designated Groundwater. The land and water rights involved herein are not <br /> included within the boundaries of any designated groundwater basin. <br /> 9. Re-Referral. By order of the Referee dated February 22, 2013,this case was re- <br /> referred to the Water Judge. <br /> 10. Stipulations. The following parties have entered into a stipulation with Kehn: <br /> 10.1. City of Greeley. Stipulation and agreement dated May 6, 2015, approved <br /> by Order of Court dated May 6, 2015. <br /> 10.2. City of Thornton. Stipulation dated May 4, 2015, approved by order of <br /> Court dated May 6, 2015. <br /> 10.3. Cache La Poudre Water Users Association. Stipulation and Agreement <br /> dated May 4, 2015, approved by order of Court dated May 6, 2015. <br /> 2 <br />