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FINDINGS AND RULING OF THE REFEREE AND UECREL OF THF. WATER COL;RT <br />CITY OR FORT COLLINS <br />Cast''NiL: 2005CW262 <br />Page 3 t11' 1 q <br />a. Gadwall Pond ---423 aft ABSOLUTE, <br />b. Canvasback Pond - 297 af, ABSOLUTE. <br />C. Goldeneye Pond 350 at; ABSOLUTE. <br />d. Dragonfly Pond -- 215 at; ABSOLUTE. <br />6, i%`ey: Recreation, fishing. non-motorized boating, maintenance of wildlife and tvildlile <br />liabl;.a% including piscatorial uses. These uses shall take place only within the ponds at or below <br />tb:. high water lines, or upon the surfaces of the ponds. <br />Surface Area: The surface areas for the Kingfisher Point .Ponds at full capacity are as <br />ollows.- <br />a. Gadwall Pond -- 16.9 acres. <br />b. Canvasback Pond •-- 11.7 acres. <br />e. Goldeneye Pond -- 13.99 acres. <br />d. Dragonfly Pond -- 8.58 acres. <br />`'. Additional Findings-; The Kingfisher Point fonds are off-channel structures that fill with <br />water that has infiltrated from the alluvium of the Cache La Poudre River. They are, <br />collectively. a "well" as defined in C.R.S. Sections 37-90-10' )(21) and 37-92-103(14), which <br />diverts tributary ground water into the Kingfisher Point Ponds. Fort Collins has appropriated and <br />used the water in the Kingfisher Point Ponds in the amounts and for the beneficial uses described <br />above. One purpose of the application and this Ruling and Decree is to quantify, confirm, and <br />decree the % ester rights described above for the Ponds. Additionally, to prevent injury to other <br />water rights. Fort Collins will operate the plan for augmentation described below to replace out- <br />of-priority depletions resulting trom evaporation losses front the ponds. <br />DESCRIPTION OF PLAN FOR AUGMENTATION <br />9. Name of Structures to be Atli nented:.Kingfsher Point Ponds <br />10. Statement of Plan for_Aut cntation: The Kingfisher Point Ponds were originally <br />excavated as unlined gravel pit mines that expose groundwater that is tributary to the Cache La <br />Poudre River. Under Colorado law, out-of-priority depletions resulting from evaporation losses <br />from the non-g• •andfathered surface area of these structures must be replaced. Well Permit No. <br />41:.'69-F was issued for the gravel mining operation pursuant to C.R.S. 37-90-137(11) on June 2, <br />1992, and replacement of depletions resulting from evaporation losses has previously taken place <br />under a gravel pit mine Substitute Water Supply Plan originally approved on March 19, 1992. <br />The gravel minin;; operation has ceased. -l11e Kingfisher Point Ponds are now used for the <br />beneficial uses described in Section 6, above. <br />This Ruling and Decree provides a permanent augmentation plan to replace out-of-priority <br />depletions resulting from the annual net evaporation losses that occur from the non- <br />Orandfathered !?urtacc area of the Kingfisher Point Ponds that was exposed subsequent to