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` Water Division 5, Colorado <br />~.~,:_.,. Case No. OSCW62 <br />RULING OF REFEREE/DECREE OF COURT <br />Page 4 <br />RULING OF THE REFEREE <br />The foregoing findings of fact and conclusions of la are incorporated herein by reference. <br />The Referee concludes that the Application should be granted, subject to the terms and <br />conditions set forth herein. <br />The Referee does, therefore, ORDER that 0.033 cubic feet of water per second, absolute, <br />with appropriation date of Apri122, 2005, is hereby awazded to Gravel Spring No.l for irrigation <br />of not more than 43 acres total served by the supply from Gravel Spring No. 1 and Gravel Spring <br />No. 2 combined, and livestock watering limited to not more than 200 head served by the supply <br />from Gravel Spring No. 1 and Gravel Spring No. 2 combined, and conditional for domestic and <br />industrial purposes, specifically limited to gravel washing. <br />The Referee does, therefore, ORDER that 0.033 cubic feet of water per second, absolute, <br />with appropriation date of April 22, 2005, is hereby awarded to Gravel Spring No. 2 for <br />irrigation of not more than 43 acres total served by the supply from Gravel Spring No. 1 and <br />Gravel Spring No. 2 combined, and livestock watering limited to not more than 200 head served <br />by the supply from Gravel Spring No. 1 and Gravel Spring No. 2 combined, and conditional for <br />domestic and industrial purposes, specifically limited to gravel washing. <br />Should the owner of the aforementioned conditional water rights intend to maintain them <br />hereafter, air application for a fmding of reasonable diligence and/or to make the conditional <br />water rights absolute shall be filed in the month and year set forth in the Decree below, except <br />that this Court may determine, prior to that date, that such conditional rights have been made <br />absolute by the completion of the appropriation. <br />The owner of the conditional water rights shall comply with Rule 9 of the Uniform <br />Local Rules for all State Water Divisions, as follows: (a) Upon the sale or other transfer of <br />any conditional water right, the transferee shall file with this Water Court a notice of <br />transfer which shall state: the title and case number of the case in which the conditional <br />decree was issued; the description of the conditional water right transferred; the name of <br />the transferor; the name and mailing address of the transferee; and a copy of the recorded <br />deed. (b) The owner of any conditional water right shalt notify the Clerk of the Water <br />Court having jurisdiction of any change in mailing address. That Water Clerk shall place <br />any notice of transfer or change of address in the case file in which the conditional decree was <br />entered and in the case file in which the Court first made a fmding of reasonable diligence. <br />In the sixth calendar year after the calendar year in which the water right is conditionally <br />decreed, or in which a finding of reasonable diligence has been decreed, the owner or user <br />thereof, if such owner desires to maintain the same, shall file an application for a finding of <br />reasonable diligence, or said water right shall be considered abandoned, unless, this court <br />finds that prior to that date, such conditional water rights have been made absolute by the <br />cJom~l~eti~on of the app20~2 anon. Application described above shall be filed in month <br />and vear <br />