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~~ <br />,~ PRESENT CONDITIONS <br />Water Rights <br />H. S. Silverstein, Jr. "The following easements across the property <br />appear on the record: <br />^~ "...H. A right-of-way for a ditch known as the Goss Private Ditch <br />JI to Frank A. Marquett, running from the headgate on the branch of <br />St, Vrain Creelc to the south boundary of the NW 'Z of the NW '~ of <br />1 Section 27. The instrument does not state the location of the <br />headgate of the ditch. Instrument dated June 1, 1888 and recorded <br />~ in Book 138 at page 282, Boulder County records. <br />~ "4. Inspection of the premises revealed that. there are irrigation <br />J ditches crossing the land. The abstract does not show the location <br />of these ditches and some of them were put in use prior Co ena:tment <br />Z of the law providing for filing a map with the State Engineer. <br />~ Therefore, there are no maps of these ditches in his office," <br />(Title opinion for WPC, April 25, 1969.) <br />Statements in the decrees for these three ditches as to location of <br />point of diversion are quite vague: <br />(a) Clough and True Ditch's decreed point of diversion, is "ir <br />Section 27, Tp 3N, R 70 W, in Boulder County, Colorado, or <br />the south side of St. Vrain Creek." (June 2, 1.882 decree.) <br />(b) Goss Private No. 1 Ditch's decreed point of diversion is, "in <br />Section 27, Tp 3N, R 70 W, in Boulder County, Colorado, on the <br />south side of the Creelc (S t. Vrain Creek) on the farm of Wm. <br />Baker." (June 2, 1882 decree.) <br />(c) Goss Private No. 2 Ditch's decreed point of diversion is "in <br />Section 27, Tp 3N, R 70 W, in Boulder County, Colorado, on the <br />farm of Wm. Baker on the north side of the South Fork of tote <br />Creek (S t. Vrain Creek)." (June 2, 1882 decree.) <br />In order to proceed with this report, it is tentatively assumed that <br /> <br />9 <br />i <br /> <br />the decreed points of diversion of the Clough and True Ditch, Goss No. 1 <br />Ditch and Goss No. 2 Ditch are at their present locations. It is a1;o <br />tentatively assumed that the owners of these three ditches have valid <br />rights-of-way, or easements, for the portion of their ditches that cross <br />WPC property (John Weng farm). Tentative engineering assumptions used in <br />this report should not be construed to prejudice WPC's legal position, in <br />the event that litigation is instigated at some future time involving the <br />points of diversion of water rights in these three ditches. <br />5 <br />