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General. <br />Applicant shall itsstall necasarv measuring devices, and shall develop necessary <br />accounting forms and procedures. to facilitam administration of this plan for • <br />augmanazion by the Division Engineer. Applicant's engineering stadia have <br />determined that no injury will occur to other wazer rights as a result of this plan <br />for augmentation. <br />15. Division Engineer's Recommendation. The Division Engineer has been consulted in <br />accordance with Section 37-92-302(4), C:.R.S., and recommended that the application not be approved <br />as requested by the Applicant unless the Applit:an[ addrasa the following concerto: <br />A. Applictn[ must submit evidence to prove the Baza Ditch and Safe Creek <br />Reservoir water righu are not abandoned. <br />B. Applicant must determine the historic constuttptive use for the Sage Creek <br />Reservoir and Bates Ditch water rights, and be limited to the determined amount- <br />C. Applican[ must demons rate thaz there are sufficient lands dried up to make water <br />available for replacement of depletions under the plan. Applicant must place a <br />monument az the dried-up area for identification by the wazer commissioner. <br />D. Applican[ must define the domestic and commercial uses claimed for Sage Creek <br />Reservoir and Hates Ditch wazer rights. <br />E. Adequate measuring devices mus[ be installed to allow proper administration of <br />the plan. <br />F. Applicant into[ devise a system thaz will allow the calculation of diversions. <br />depletions and required replacements on a daily basis. Applicant will submit <br />reports to the division office a[ least annually by December 1 of each year. <br />G. Applicant must address concerns of the Opposer. <br />16. Applicant's Raponsc to the Division Engineer's Concerns. <br />A. In Case No. 91 CW 116, 1.0 cfs of the Baza Ditch was abandoned. The 1.0 cfs <br />claimed by the Applican[ is not abandoned, has been transferred to the Sage <br />Creek Reservoir Outlet Ditch, and has been divened and applied to beneficial use <br />as evidenced by diversion records m~snrn;ned by the Division of Wazer <br />Resources. The Sage Creek Reservoir dam failed ~in 1984, and has not ye[ been <br />rebuilt. Applicant's predecessor, the Axial Basin Ranch Company, did not intend <br />to abandon the Sage Creek Reservoir, as evidenced by, inter alia, its stazement <br />of opposition in Case No. 89 C'W 63. <br />B. The historical consumptive use of the Sage Creek Reservoir and Baza Ditch <br />water rights trdnsfcrrcd to the Sage Creek Reservoir Chatlet Ditch have been <br />determined as set forth in paragraph 6.E, above. <br />FII~IDING OF FACT AND DECREE <br />Gse No. 93 CR' 071 10 . <br />16-4-22 <br />