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<br />encwz9e <br />6. In previous Court proceed ings the Collins Creek Ditch <br />was awarded 1.7 cubic feet of water per second of time under Priority <br />No. 25, 1.3 cubic foot of water per second of time under Priority <br />No. 97A, 0.30~cubic foot of water per second of time under Priority <br />IJO, 148A, making a total .if 3.3 cubic feet of water per second of <br />Lime. 7n addition, the Cull ins Creek Ditch Extension was awarded <br />Priority No. 161A by extension to Woody Creek, for 3.3 cubic feet <br />of wa tr-_r per second of time, provided that the 3.3 cubic feet of <br />water per second of time shall be the total amount of water said <br />•litr.h is entitled to rliverC f.nnn both crocks, coil whatrver amount <br />of wa to is diverted from Cull.ins Ci eel: shall be deductc.] from the <br />appropriation from l~:oody Crock. <br />7, This is an application for change of water right in <br />wlii ch it is requested tlr.rt lilam Well No. 1 be used as .an alternate <br />point of diversion for 0.41 cubic foot of water per second of time <br />of the water previously awarded to the Collins Creek Ditch Extension <br />under Priority No. 161A. D.Lam Well No. 1 is ].oca ted in the ~ . <br />NE;NE; of Section 16, T. 9 5., IL. BS W. of the 6th P.N, at a point <br />1005 feet South of the Nor. th line and G50 feet West of the Gast <br />line of said Section 1G. <br />The applicant Further renuosts that the use of the water <br />6e changed from irriyation to irrigation and industrial uses. <br />B- Statements of Opposition were timely filed by Stanley <br />Natal and by Ute City Limited. Both Statements of Opposition were <br />subsequently withdrawn permitting the application to proceed on an <br />uncontested basis. <br />7. The changes requested will not injuriously affect the <br />owner or persons en titl c.l i:o use water under a vested water right <br />or a decreed conditional water right, and the chances should be <br />allowed in accordance with C.R.S. ].973, 37-92-305(3). <br />The Referee does t.hereLore conclude that the above entitled <br />application for change of water right should be granted and that <br />Elam Well No. 1, at the location as described in paragraph 7 above, <br />may be used as an alternate point of diversion for 0.41 cubic foot <br />of water per second of time of that previously awarded to the <br />Collins Creek Ditch Extension under Priority tlo. 161A; and further <br />that the use of said 0.41 cubic foot of water per second of time <br />be changed from irrigation to irrigation and industrial use: <br />provided, however, that the changes will occur only during the <br />irrigation season. <br />It is accordingly ORDERED that this ruling shll be filed <br />with the Water Clerk and shall become effective upon such filing, <br />~2 <br />