Laserfiche WebLink
<br />John F. Glass, Jr. <br />Joseph S. Glass <br />John F. Glass, Sr. <br />May 19, 1995 <br />Page 2 <br /> <br />3. The branch part of the I.C. Woods Drain that allegedly runs through our property <br />could not be visually located where you have indicated it should be, and is not <br />located where the decree describes it. ff it exists, it appears to have b<~en unused <br />for many years and possibly abandoned. <br />4. Westem Mobile's gravel operations have not encountered or interfered with the I.C. <br />Woods Drain, and do not touch the branch of the drain which you claim to use. You <br />do not claim that Western Mobile's operations have interfered with the flow of the <br />drain which you claim to use. <br />The source of water far the I.C. Woods Drain, including the branch you use, clearly <br />is tributary to the Poudre River. You said that the flow of the branch .if the drain <br />you use fluctuates with rainfall and upstream irrigation. The water right is decreed <br />only for irrigation of specified lands. In order for the water right to be I~;gally used <br />on different lands or used for a different purpose than irrigation, an apF~lication for <br />change of the water right would have to be approved by the Water Ccurt. In that <br />change of water right case, the following questions, among others, would be <br />litigated: (1) the historic use and possible abandonment of all or part of the water <br />right; (2) the tributarylnontributary character of the source of water; (3) the need for <br />administration of the water right in priority to prevent injury to other water rights; (4) <br />whether the water right has been legally used on the lands specked in I:he decree; <br />(5) terms and conditions to prevent expansion of the historic use of the ~nrdter right; <br />and (6) whether the lands historically irrigated could be dried up as required in <br />order to change the use of the water right and get credit for the historic <br />consumptive use for irrigation. <br />6. Under Colorado law, all decrees are limited to the amount of water actuailly needed <br />for beneficial use by the owner. Any water not actually needed far the uses <br />specked in the decree belongs to the stream, not to the owner of the decree. <br />