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..:.~ i DF ~a~ • <br />•Richard ialluu ~4. ,Q o <br />Gov-~ ~ h~ ~.~ 0 <br />: <br />~•+~x~w 0 <br />-~~~ <br />DIVISION OF W~-TER RESOURCES <br />DEPAP.TMENT OF NATURAL RESOURCES <br />N2is ~r...eir.r-n-...•+w.ww~.r <br />IRRIGATION DIVISION ENGINEER <br />1906 W. NORTHERN AVENUE <br />PUEBLO, COLORADO 81001 <br />OFFICE: 51i-7368 ^^~' <br />NOTICE <br />TO: Property Owners of Land Affected by Case W-145 <br />FROM: Division of Water Resources <br />1906 W. Northern Ave. <br />Pueblo, Colorado 81004 <br />The terms of Case W-145 in which the Hooth Orchard Grove Ditch <br />was transferred to the City of Pueblo state in part; <br />"As of the date upon which Pueblo can¢nences to use any of the . <br />alternate points of diversion to divert water under the subject <br />water rights for municipal purposes, the lands historically <br />irrigated by use of water diverted under the water rights which <br />are the subject of this action shall be permanently removed fltom <br />agricultural irrigation by means of water withdrawn frpm th@ <br />Arkansas River, its tributaries or underground water tributary <br />thereto, and that land shall not thereafter 1~e so used as to <br />cause depleti~ns_i7> those sources other than what woul~rac~wr. <br />from normal municipal uses of water delivered through the F~ehlo <br />municipal water system; such "other" depletions include evapoy+-•. <br />tr~nsairation from substantially increased phreatoghYte growth <br />/3' pr evaooration frnm •nnaaA faun ._wrar__gurfaces resulting fr0}'t <br />gravel mining operations; this prohibition is not intended t0 <br />prevent a agricultural irrigation of said land with water from . <br />sources not tributary to the Arkansas River nor to prohibit the <br />provision of regular municipal water service to that land by'. . <br />Pueblo or by any other entity capable of providing such uti]~Cy <br />service. The lands upon which this prohibition shall operate r'.,: <br />are those lands shown in shading on the attached map, Fschibit, dl,~, <br />which has been recorded in Hook 1717 sages 932 to 936 of the <br />Public Records of Pueblo County and is incorporated herein as. <br />though set out at length herein. The lands thus shown are <br />located in Sections 28. 29. 30, 31, 32 ,_ 33,~34,~Township 20 9g;th, <br />Range 63 West of the 6th, P.M., Sections 32, 33,39, 35, 36 J <br />4TOwnshi 20 South Range 69 w c of the 6th. P.M in_PUe_blo amity <br />2'J Colorado Th„4-oroh9b9rion shall attach .o said lands and stlall <br />2 a C\run with the t~t~ to so as to bind successive owners: thereof,, "~ <br />Lnformation reaching this office indicates there may be irrigation <br />on some of the above lands with water tributary to the Arkansas River, <br />contrary to the above stated court decree. <br />You are hereby notified to cease and desist the pumping of all walla <br />for the irrigation of the above lands. <br />In the event irrigation is observed on the above lands the Attorney <br />General will be requested to take whatever action he deems necessary.. <br />Ver/y1 truly yours, (~ <br />Robert W. Jesse <br />Division Engineer <br />`. ~~V,L <br />GQI\"'~~ <br />C. J. KUIPER <br />Sbt. Enplnp/ <br />