2008-08-01_REPORT - M1977184 - Laserfiche WebLink

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FINDINGS AND RILING OF THE RF•FFREC AND DECREE OFTHC WATER COURT c'n•y OF FORT COLLINS C•.uc No.: 20MCW262 hgc9ofto rl?iti rl??c l c;r. i5 modified pursuant to a subsequent Water Court (lr?i-i,;r application seeking approval of ^l,,al c ,;tllnpti.€ c us4s of the water rights decreed llerelt:. the consumptive use of tile water in tilt: structurcc sh?lli be liarritcd to the evaporation losses determined above. Fort Collins shall r,ol re,rpot.c; 1A "Jtcr frOrl, the Mixtures for any other use. -'? lleasulin? Devices and Ace?ountinc: pursuant to C.R.S. Section 37-92-502(5)(a), Fort Collins shall install and n;aintain such measuring devices as reasonably required by the Division Engrrineer or his agents for the administration of the water rights and plan for augmentation decrced herein. Fart Collins shall submit records to the Division Engineer or his representative cn ran annual basis. or more fi'cquently, if such records are requested. Fort Collins shall also providc,ur accocantinf fori.n. acceptable to the Division Eaginecr, that includes the information necessary for the administration of the water rights anal. plan for augmentation decreed herein. In accounting for file open nrtion of tlris plan, the Division Engineer shall assess river transit losses on , c placemc;nt water that is released above the point of depletion caused by the Kingfisher Point fonds, front the point of release down to the point of depletion. Copies of the accounting available to the State and Division Engineers shall also be made available to any objector which rcquests then-, and pays reasonable costs. 24. R.etaincd ..(urisclictiorl: 1'h:; {:':;urrt *irds th;tt, pursuant to § 37-92-304(6), C.R.S., afive-year period of retained jo i diction V II be sufficient for the purpose of rcconsideiing injury. This five-year period shall o,ugin as of the elate of entry of this decree.. Within this period, any person, including the Division Enginecr for Writer Division No. 1, may petition this Court for the purpose of rmodifying this decree. Any petition to invoke the Court's continuing jurisdiction shall set forth with particularity the factual basis supporting the request that the Court reconsider the question of injury to other water rights. Unless otherwise stated herein, the party lodging the petition shall. have the burden of going forward to establish the prima facie facts alleged in. the petition. If the Court finds thos,c facts to be established, the Applicant herein shall thereupon have the burden of proof to show: (a) that any modification sought by the Applicant will avoid injury to other appr??;;riarors: or (b) that arty niodi lication sought by an opposer is not required to avoid injury to other appropriators; or (c) that any term or condition proposed by the Applicant in response to die petition dots w oid injury to othex appropriators. Such petition shall be filed with the Court under the cast: number and caption set forth in this Ruling and Decree, and shall be served by certified mail, return receipt requested, on counsel of record for all parties who have appeared in this case. :Iftao such petition is filed within the five-year period, and if continuing jurisdiction is not extended by the Court in accordance with the provisions of § 37-92-304(6), C.R.S., this decree shall bccotne final under its own terns. 5. C`'s}Jt 3uiar 1'f:ar .Priority: The application in this case was filed in 2005. and the priority u ,.lr iul ilvrein. ua the Kingfisher Point Ponds shall be administered as havirg beer; filed in that year. and shall he junior to all priorities filed in previous years. As between water rights filed in the sanie calendar year, priorities shall be detcr-tnined by the dates of appropriation for said water rights, and shall not be affected by the date: of entry of'dccree for said rights.