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

IN THE DISTRICT COURT IN AND
FOR WATER DIVISION N0. 5
STATE OF COLORADO
Application tdo. 82C[~770
IN THE MATTER OF TFIE APPLICATION )
FOR WATER RIGHTS OF )
HAMILTON DUNCAN, JR., )
IN THE COLORADO RIVER )
IN GARFIELD COUNTY )
JU~'~ 29 198r
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STATE G:31nEcR
COLO.
RULING OF REFEREE
'Phe above entitled application was filed on March 29, 1982,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the [dater Judge of said
Court on the 20th day of April, 1982, in accordance with Article
92 of Chapter 37, Colorado Revised Statutes 1973, known as The
water Right Determination and Administration Act of 1969.
And the undersigned Referee having made suc1T investigations as
are necessary to determine whether or not the statements in the
application are true and having become fully advised with respect
to the subject matter of the application does Izereby make the
following determination and ruling as the Referee in this matter,
t0-411t
1. The statements in the application are true.
2. The name of the structure is Riverbend Effluent Pond.
3. The name of the claimant and address is Hamilton R.
Duncan, Jr.; 5400 Beach Road; Littleton, Colorado.
4. The source of the water is Riverbend Sewage Treatment
Outfall Water originally diverted from the Canyon Creek and from
wells, all tributary to the Colorado River.
5. The left abutment of the dam caill be located at a point
whence the Southwest Corner of Section 34, 'P. 5 S., R. 90 [V. of
the 6th P.M. bears N. 77°00' [•1. a distance of 1,200 feet.
6. On March 21, 1974, in Case No. [a-2126, the Water Referee
for Water Division No. 5 awarded to the Rivcrbenc] Effluent Pond, a
conditional water right for 97.5 acre feet of water, to be used
for domestic and municipal (including conmiercial, industrial
and individual irrigation) irrigation, fish and wildlife propagation
and recreational purposes, specifically including the re-use of
said water for the above stated purposes, with appropriation date
of June 1, 1973. The claimant was directed to file a quadrennial
finding of reasonable diligence in the development of this
conditional water right in ^larch of 1978. Tlzis Ruling of the
Referee was confirmed and made a Decree of the Court on July 23, ].973.
7. During the intervening years, at timely intervals as
required by statute, t1Te claimant has shown to t1Te court that
reasonable diligence has been exercised in the development of tlTis
conditional caater right, and the court has ruled that said water
right be continued in full force and effect.
8. On Dlarch 29, 1982, as directed by tlTe court in the last
previous finding of reasonable diligence, the claimant filed, in
water court for Nater Division No. 5, an application for Quadrennial