HYDRO24847 - Laserfiche WebLink

Home Browse Search

APPLICATION OF CENTRAL AGGREGATES, INC. Case No. 03 CW 290 Ruling of Referee Page 6 E. Name and address of the sources of the land upon which the structure is located: Central Aggregates, Inc., 25028 Highway 6 & 24, Rifle, CO 81650. The Referee, having examined the information submitted by Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the claims in the above-entitled Application should be granted as shown above, SUBJECT, HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities in accordance with law and subject to the following conditions. I) Prior to the construction and/or operation ofthe subject well pursuant to this plan, Applicant shall obtain well permits issued pursuant to C.R.S. § 37-90- 137(2) and this plan for augmentation, subject to and conditioned upon the rulings and findings made herein. 2) Pursuant to C.R.S. § 37-92-305(8), the State Engineer shall curtail all out-of-priority diversions, the depletion of which are not so replaced as to prevent injury to vested water rights. 3) The Court shall retain jurisdiction for a period of five yeazs to assure that adequate protection is provided to other vested water rights or other conditional water rights. 4) Applicant shall install measuring devices, provide accounting, and supply calculation regazding the timing of depletion as required by the Division Engineer for the operation of the augmentation plan. Applicants shall also file an annual report with the Division Engineer by November 15`h of each year summarizing diversion and replacement made under this plan. 5) An Application for Finding ofReasonable Diligence shall be filed in the same month as the decree herein is entered every six yeazs after the entry of the decree herein so long as Applicant desires to maintain the conditional water rights herein awarded, or until a determination has been made that such conditional rights aze made absolute by reason of the completion of the appropriation, or are otherwise disposed of. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial Review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer.