Laserfiche WebLink
IL <br /> Highest 10 Consecutive Years with a 10-year running average <br /> of 1040 acre feet each year, said amount in all instances <br /> being reduced by transportation losses from Applicants' <br /> present headgate to its alternate points of diversion. <br /> 13. Use of the Bessemer Ditch headgate as an alternate <br /> point of diversion is presently subject to this court's <br /> Order of January 28, 1977, in Case No. K-4427, and because <br /> of the restrictions in said Order, is not available to <br /> Applicants. In addition, Applicants have not shown any <br /> legal entitlement to make use of said headgate or to trans- <br /> port their water through the Bessemer Ditch. <br /> 14. No owner of vested water rights or conditional <br /> water rights will be injured from the diversion by Appli- <br /> cants of their water rights through their alternate points <br /> of diversion if such diversion is made subject to the pro- <br /> visions hereinafter set forth in the decretal portion <br /> hereof. <br /> 15. Applicants have submitted evidence, and this <br /> decree is based on the assumption, that the return flow to <br /> the Arkansas River from the new point or points of diversion <br /> will be equal to or greater than from the present point of <br /> diversion and will reach the river in approximately the same <br /> elapsed time. <br /> CONCLUSIONS OF LAN <br /> This Court has the authority to decree the use of <br /> alternate points of diversion if possible injury to the <br /> vested rights of others is eliminated by the imposition of <br /> terms and conditions which prevent such injury. C.R.S. <br /> 1973, 5 37-92-305. <br /> DECH <br /> IT IS MtHBY ORDERED, ADJUDGED AND DECRBEDs <br /> 1. Applicants may divert at the alternate points of <br /> diversion described in the Findings above the 3.8 c.f.s. <br /> -5- <br />