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exchange decreed herein address the augmentation of depletions under out-of-priority <br />diversions used to fill and refill the Dawson Gulch Spring Pond. <br />II. FINDINGS <br />1. Name address and telephone number of Applicant: Loch-N-Vale Ltd. <br />Liability Company, 3921 County Road 3, Parshall, Colorado 80468, Telephone: 970- <br />725-3444. <br />2. Subject Matter Jurisdiction: The Application in this case was filed with the <br />Water Clerk, Water Division No. 5. Timely and adequate notice of the Application was <br />given in the matter provided by statute. See § 37-92-302, 10 C.R.S. (2001). None of <br />the land or water rights involved in the Application is located in a designated <br />groundwater basin. The Court has jurisdiction over the subject matter of this <br />proceeding and over all persons who have standing to appear as parties, whether they <br />have appeared or not. <br />3. Opposition: No statement of opposition was filed in this case; and no <br />person or entity has sought to intervene, and the time for filing statements of opposition <br />has expired. <br />4. Consultation with Division Engineer: The Referee has consulted with the <br />Division Engineer as required by law. Pursuant to § 37-92-302(4), the Division Engineer <br />submitted a Summary of Consultation, dated October 28, 2008, which the Referee has <br />considered. <br />A. WATER STORAGE RIGHT <br />With respect to the claim for a water storage right set forth in the Application, the <br />Court makes the following findings based on the evidence and documents presented by <br />the Applicant: <br />5. Name of reservoir: Dawson Gulch Spring Pond, an on-channel type <br />impoundment constructed to intercept spring water emanating from the Dawson Gulch <br />Spring. <br />6. Legal description: Located in the NE 1/4 of the SE'/4 of Section 36, <br />Township 1 North, Range 79 West of the 6th P.M. at a point 360 feet west of the east <br />section line and 2,520 feet north of the south section line of said Section. This <br />description is the approximate center of the reservoir basin. The general location of the <br />Dawson Gulch Spring Pond is depicted on Figure No. 1 attached hereto. <br />7. Source: Dawson Gulch Spring, tributary to the Williams Fork River. <br />8. Rate of Filling: Approximately 0.1 cubic feet per second. <br />2