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2011-03-14_REVISION - M1977493 (40)
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2011-03-14_REVISION - M1977493 (40)
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Last modified
6/15/2021 5:47:18 PM
Creation date
4/12/2011 12:32:42 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977493
IBM Index Class Name
REVISION
Doc Date
3/14/2011
Doc Name
Exhibit List, Exs. 39 to 43
From
Climax
To
MLRB
Type & Sequence
AM6
Media Type
D
Archive
No
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CMC001338 <br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />• Case Nos. 92CW233 and 92CW336 - Page 64 <br />8.1 Fully Incorporated Decree. The foregoing Findings of Fact and Conclusions of <br />Law are hereby fully incorporated into this Judgment and Decree. <br />8.2 Applications Granted, Dismissal of Nontributary Claim. The applied for change <br />of the Subject Water Rights as described herein is hereby GRANTED, subject to the terms and <br />conditions contained in this Decree. Applicant's application for nontributary underground water <br />right is hereby dismissed with prejudice. <br />8.3 Relative Priorities. The relative priority of the Subject Water Rights with regards <br />to other water rights in Water Division No. 5 is not within the scope of this proceeding and is not <br />governed by this Decree. This section 8.3 shall not be construed, however, as authorizing the <br />operation of the Subject Water Rights outside of the priority system. <br />8.4 Measurement and Reporting Obligations. The Applicant shall install and <br />maintain such necessary meters, gauges or other measuring devices reasonably required by the <br />State Engineer and consistent with the Findings of Fact and Conclusions of Law set forth above, <br />and shall report at reasonable times to the Division Engineer for Water Division No. 5 the <br />readings of such devices. <br />8.5 Accounting. The Applicant shall maintain monthly accounting of the changes <br />decreed herein in a form acceptable to the Division Engineer. A proposed accounting form is <br />attached hereto as Exhibit 2 for illustrative purposes. <br />8.6 Decree Administrable, No Inj . This Decree is administrable by the Division <br />Engineer for Water Division No. 5 and can be operated without adversely affecting the owners or <br />users of vested water rights or decreed conditional water rights on the Blue River, Eagle River, or <br />the Colorado River. So long as water is diverted and used in conformance with the requirements <br />• <br />56642. WPD:5 <br />
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