PERMFILE45475 - Laserfiche WebLink

Home Browse Search

~ ,, , Case No. 94CW036, Findings of Fact, Conclusions of Law and Dtcree of the Court Approving Absolute and Conditional Ground W ater Rights, Plan of Augmentation and for Change of W etcr Rights, Application of the City of Black Hawk, Page 43 ground water rights priorities confirmed in paragraphs 13.c and 13.d herein shall be administered based on the filing ofthe Second Amended Application in 2000 and shall bejunior in priority to water rights for which applications were filed in previous years. As between water rights for which applications were filed in the same calendar year, the relative priorities shall be determined by the data of appropriation and. shall not be affected by the date of entry of the ruling or decree. 39. Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights 40. Except to the extent that the Court has specifically retainedjurisdiction, this Judgment and Decree is final. 41. It is hereby decreed that the change of water rights and the plan of augmentation described herein are approved and meet the standards prescribed in C.R.S. § 37-92-305, and will not injuriously affect any owner of or person entitled to use water under a vested water right or a decreed conditional right. It is therefore, ORDERED ADJUDGED AND DECREED by the Court that the application for absolute and ground water rights, approval of plan for augmentation and change of water rights is hereby granted. IT IS FURTHER ORDERED that a copy ofthis decree be filed with the appropriate Division Engineer and the State Engineer. IT IS FURTHER ORDERED that the conditional right herein awarded to the Black Hawk North Clear Creek Well in the amount of 10 g.p.m. (0.023 c.fs.) is hereby continued in full force and effect until the last day of the month of Au st, 2009. If the Applicant desires to maintain such conditional decree, an application for a finding of reasonable diligence shall be f led on or before the last day of the month of Au ust 2009, or a showing made on or before such date that the conditional water right has become an absolute water right by reason of completion of the appropriation. DATED: August 22, 2003. :~~~~!_~n~tJ Jortarhan W. bays Stntior Distfict Catut Warer Judge Water Division No.1 TFk OFntor »m jP7ed rrrenarurdlyparaaam to Ralr 127, f !•]Q 7Yr nripiuaf rimed ordt. it hrAr C'aart'rJPh.