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<br />Ruling of Referee and Decree of the R+ater Court
<br />' Case No. 04CW34, Water Division 1
<br />Page 2 of 4
<br />4. Description of Conditional Water Rieht. By the Application, Cemex and
<br />Longmont request that a finding of reasonable diligence be decreed for the following described
<br />water right:
<br />A. Name: St. Vrain - Portland No. 1 Reservoir.
<br />$, Decree: A decree was entered on June 27, 1991 by the District Court,
<br />Water Division No. 1, in Case No. 84CW177.
<br />C. Legal Description of Structure: The St. Vrain -Portland No. 1
<br />Reservoir is located in Section 28, Township 3 North, Range 70 West of the 6th P.M.,
<br />Boulder County, Colorado.
<br />D. Source: 5t. Vrain Creek via Swede Ditch, Boulder Feeder Canal, Foothills
<br />Reservoir Feeder Canal, and Smead Ditch.
<br />E. Amount: 9,000 acre-feet, conditional.
<br />F. Use: Irrigation, municipal, industrial, flood control, water quality control,
<br />recreation, fishery enhancement, **+;t,;mum stream flows, exchange and replacement
<br />G. Portion Made Absolute: A portion of the conditicnal water right was
<br />made absolute for ] 607 acre-feet for irrigation, industrial, flood control, recreation, fishery
<br />enhancement, and exchange and replacement purposes in a decree entered in Case No.
<br />97CW189, District Court, Water DivisionNo. 1 on February 9, 1998.
<br />5. Prior Diligence Findings. A finding of reasonable.diligence for the rP,m +~;ng St.
<br />Vrain -Portland No. l Reservoir conditional wafer right was also made in the decree entered in
<br />Case No. 97CW189, District Court, Water Division No. 1 on Febntary 9, 1998. The remaining
<br />portion of the conditional water right was continued for all other decreed uses and amounts.
<br />6. 14ansfer of the Interest in A-Pit Storaee Rieht to Lonanont. Cemex originally
<br />worked with the 5t. Vrain and Left Hand Water Conservancy District (the "District") to develop
<br />water storage opportunit;es in these mine pits for the benefit of Cemex and for water users within
<br />the District including Longmont. Cemex and the District were co-applicants in the application
<br />filed in 1984 to adjudicate the conditional water right and the application flied in 1997 for a
<br />finding of reasonable diligence. These parties entered into an agreement dated April I5, 1991
<br />("1991 Agreement"), to formalize their cooperative association. This agreement was
<br />supplemented by the letter of understanding dated June 23,1997, from the District to
<br />Southdown. Doming the Diligence period, the District transferred its interest in the conditional
<br />water right to Longmont, in accordance with an earlier agreement dated June 26, 1990, between
<br />Longmont and the District, and as provided by the 1991 Agreement. On February 11, 2004,
<br />Longmont acquired the Dishict's interest in the conditional water right by $argain and Sale
<br />Deed. Prior to this transfer, Longmont had participated in the activities associated with the St.
<br />Vrain -Portland No. 1 Reservoir and development of the conditional water right in accordance
<br />with an agreement dated Tune: 26, 1990 between the District and Longmont.
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