2011-03-14_REVISION - M1977493 (36)

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CM0001351 Findings of Fact, Conclusions of Late, Ruling and Decree Csae No. 92CW340 ,J (b) Raw Water Booster Pump Headgate which is located on the North bank of the Eagle River at a point from whence the Southwest Corner of the Northwest 1/4 of Section 12, Township 5 South, Range 82 West of the 6th P.M. bears South 18 °01'34" West, 1551.13 feet. _j 3.6 The appropriation date for the Eagle Park Reservoir Storage Right was March 16, 1 1991. The appropriation was initiated by engineering studies and fieldwork. 3.7 The beneficial uses for water stored, released, and diverted, whether directly or by 1 exchange, under the Eagle Park Reservoir Storage Right are mining, milling, industrial, j snowmaking, municipal, domestic, stock watering, recreational, fish and wildlife, irrigation, agricultural, and exchange, replacement, and augmentation purposes. CONCLUSIONS OF LAW 4. Based upon and fully incorporating herein the findings of fact set forth above, this Court `i concludes as a matter of law that: 4.1 Timely and adequate notice of the pendency of this proceeding in rem has been given in the manner required by law. Time for filing statements of opposition and for seeking leave to intervene has expired. This Court has subject matter jurisdiction over all persons who { would have standing to appear as parties, regardless of whether they have appeared. y 4.2 The proposed application for water rights is authorized by the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92-101 to -602 (1990) (the 1969 Act"), and can be implemented pursuant to this Decree in accordance with the 1969 Act. 4.3 The appropriation for the Eagle Park Reservoir Storage Right was initiated by the Applicants on March 16, 1991; 5,300 acre feet of water can and will be diverted, stored, or otherwise captured, possessed and controlled at the rates of flow described herein; the water will be applied to beneficial use; and the appropriation can and will be completed with reasonable ' diligence in accordance with the 1969 Act. RULING OF THE COURT 5. Based upon the foregoing Findings of Fact and Conclusions of Law; the Court hereby rules: D01977 -7-