2008-08-01_REPORT - M1977184

• Permit No: M1977184
• IBM Index Class Name: REPORT
• Doc Date: 8/1/2008
• Doc Name: Annual Fee/Report/Map
• From: City of Fort Collins
• To: DRMS
• Permit Index Doc Type: Annual Fee/Report
• Media Type: D
• Archive: No

FIVD1?cjS AND RULING OF THE RFTER.EE AND DECREG OF THE WA rER COurzi,
CITY OF FORT MOWS
Case No.: 3005mV262
Page 3 of 10
a.c ear nerf oln the first cic?wnstream
?:xehanc* location that would restrict the operation of said
ngec;. o r1??Fir- prcventinn any deererkee in exchange potential from the operation of this plan.
t'?4it4C C?iLlltti i.(3ilteln?ed by r.aw: Ple water rights described in this Ruling and
t?'`W`wi'c.e a+'.e c:ontelnplat.ec! Ily taw. Fort Collins has satisfied the requirements of C.R.S. §§ 37-92-
10) , cl svej., with respect to these water rights. and is entitled to a decree quantifying and
cotlf nnino these rirllts.
11S. Plan ter r n?enta, tiotlConteinnlated i13YUaa: The plan for augmentation described
herein is ct?l?tc"nplated by law and satisfies the requirements of C.R.S, §§ 37-92-101, et seq.
O.Perution o f'the plan for augmentation w-ill not injuriously affect any owner of or person entitled
") a vested water right or decreed conditional water right, so long as the plan for
air,4111Mt.ation is operated and administered in accordance with the teens of this Ruling and
rkcrec. Fart Collins has met its burden ofproofand is entitled to a decree approving this plan
for Flu ,mentation,
19. 1, o ?y(atef ia1 11 L_ v: The plan for augmentation described herein is sufficient to permit the
use of water in the Kingfisher Point Ponds in the amounts and for the beneficial uses decreed
herein without inillriing senior water rights. The terms and conditions included in this Ruling and
Decree ensure that no material iniury to any vested water right or decreed conditional water right
v1 ill result from the operation of the plan as described and decreed herein.
20 --P ''o112 of ester Rights and Plan t<ir AL' mentation: The Cows hinds and concludes
that For+: Collins 1l£li appropriated the water rights described above anal has placed the water to
the above-listed beneficial uses- Subject to the limitations set forth in Section 22, below, the
l'r11e, rights dcsrrihcei herein for the Kingfisher Point Ponds arc hereby confirmed, approved,
adjudicawd and decreed its absolute in the amounts, for the beneficial uses, and with the dates of
apuropriatierl cis Set forth herein. The plan for augmentation described herein is also approved,
and shall be operated consistent with the terms and conditions of this decree.
21 !?n1?1'ci??al cif Ire la.cc,nent Sources-. The Court finds and concludes that the replacement
sources listed in Section 12, above, are sufficient for the purposes of the plan for augmentation
rtc: cribcd heroin. This Ruling and Decree appmve;s their use to replace the out-of-priority
cfcl:tctions resulting from evaporation losses fromt the K.ingtishcr Point Ponds. Pursuant to the
mquirtmicnis of C.R.S. § 37-92-305(4), replacement water shall be delivered to the stream
system as 3Qt forth herein to replace out-of=priority depletions in amount, timing,, and location.
Pursuant to C.R.S. § 37-80-120(3), the replacement water shall be of a quality and continuity
suffcieni to meet the requirements of use to which the water required by senior appropriators has
nonxlally been put.
22. Li,nioati?i:s on lase and Consumx?tjvc Use: Absent an amendment to this {ruling and
Decrec, or ether approval by the Water Court, Fort Collins shall not make any other use of the
?vatev decreed. berc•ill lior,make any changes to the property or ponds dcscribtxl herein that %v ill
, I -ur and!or interferc v ith the natural pattern of inflows and outflows to the structures. Unless