HYDRO31341

• Permit No: C1984065
• IBM Index Class Name: Hydrology
• Doc Date: 11/29/1990
• Doc Name: RULING OF REFEREE
• Permit Index Doc Type: NPDES
• Media Type: D
• Archive: No

e
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION N0. 5
STATE OF COLORADO
Application No. W-2126-78
IN THL•' MATTER OF THE APPLICATION)
FOR MATER RIGHTS OF )
HAMILTON R. DUNCAN, JR. )
IN THE COLORADO RIVER )
IN GARFIELD COUNTY )
RULING OF REFEREE
,!l
.1 .~
f'.G'1 Z 9'~0
F I L E ~D°~ •--
IN WATER COURT
Division No. 5
nE:cLS•978
The above entitled application leas filed on March 24, 1978 and was re-
ferred to the undersigned as 1•later Referee for [dater D1V19Dn No. S,State of
Colorado, by the [Dater Judge of said Court on the 14th day of April, 1978, in
accordance with Article 92 of Chapter 37, Colorado Revised Stat~ites 1973,
!mown as The Water P~ights Determination and Administration Act of 1969.
\nd the undersigned Referee having made such investigations as are ne-
cessary to determine c.~hether or not the statements in the application are
true and having become fully advised with respect to the subject matter of
Phe application does hereby make the following determination and ruling as
the Referee in this matter, to-wit':
1. The statements in the application are true.
2. The name of tl~e structure is Riverl~enrl Effluent Poncl.
3. The name of the claimant and address is HrJni.lton R. Duncan, Jr.;
5r~00 IIeach Road; Littleton, Colorado.
4. ;Che source of the crater is Riverbend Sewa,e Treatment Outfall idater
originally diverted from Canyon Creek and from 1•:e11s, all tributary to the
::olorado Ri~•er.
5. The left abutment of the dam will be located at a point whence the
Southwest Corner of Section 34, T.SS., R.90Sd. of the 6th Y.M. bears td.77°00'
. •~ distance of 1,7.00 feet.
6. On March 21, 1974, in Case No. 1d-2126, the idater Referee for ;dater
Ilivision fdo. 5 a~~arded to the Riverbend Effluent Pond, a conditional water
right for 97.5 acre feet of water, to be used for domestic and municipal
(includin;, commercial,industrial and individual irrigation) irrigation, fish
acid i:ildliEe propagation and recreational purposes, specifically including the
re-use of said c,~ater for the above stated purposes, with appropriation date
of June 1, 1973. The claimant leas directed to file a quadrennial finding of
re,~sonable diligence in the development of this conditional water right in
!larch of 1978. Tlzis P.ulitlg of the Referee tidas confirmed and made a Decree
of the Court on Jul}• 23, 1973.
7. On Parch 24, 1978, the claimant filed, in Plater Court for Plater Divi-
sion ido. 5, an application for quadrennial finding of reasonable diligence
i•1 t:he development of this conditional c.~ater right.
In support of this application t-he following information :aas submitted
l; ~ the apr+licant:
:\pplicant h~~s completed approximately 70 of the effluent pond project,
cells 1 ~.nd 2, to date. Such loork includes:
(a) $3,420 e::penc!ed for speci<i1 equipment including aerators,
:; l•-es and supplies.
(b) :\~pro::imately $4,000 upended on excavation out of a r_otal of