2011-03-14_REVISION - M1977493 (36)

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CM0001352 E. i Findings of Fact, Conclusions of Law, Ruling and Decree Csae No. 92CW340 5.1 The foregoing Findings of Fact and Conclusions of Law are hereby fully incorporated into this Judgment and Decree. 5.2 The application for the Eagle Park Reservoir Storage Right is hereby granted. The right is for 5,300 acre feet, CONDITIONAL, from the sources and at the rates of flow described herein, with an appropriation date of March 16, 1991. The beneficial uses for water stored, released, and diverted, whether directly or by exchange, under the Eagle Park Reservoir Storage Right are mining, milling, industrial, snowmaking, municipal, domestic, stock watering, recreational, fish and wildlife, irrigation, agricultural, and exchange, replacement, and augmentation purposes. 5.3 Water may be diverted under the water right only when it is in priority; provided, however, that water may be diverted under the water right pursuant to a decreed plan for augmentation or exchange, if any, or a temporary plan for substitute supply approved by the State Engineer. 5.4 'The Applicants shall install and maintain such meters, gauges, or other measuring devices reasonably required by the State Engineer, and shall report at reasonable times to the Division Engineer for Water Division No. 5 the readings of such meters, gauges, or other measuring devices. 5.5 Reasonable notice shall be given to the Division Engineer for Water Division No. 5 of the amount and timing of releases from Eagle Park Reservoir, and of the downstream point of diversion to which the released water shall be delivered. 5.6 Diversion and use of water released from Eagle Park Reservoir for exchange, substitution, or augmentation purposes shall only be pursuant to future obtained decrees or temporary plans of substitute supply approved by the State Engineer. . 5.7 The Eagle Park Reservoir Storage Right shall be administered as having been filed in 1992 and shall be junior to all water rights applied for in previous years. As between all water rights filed in the same calendar years, priority shall be determined by historical dates of appropriation and shall not be affected by the date of entry of ruling or decree. 5.8 This Decree is administrable by the Division Engineer for Water Division No. 5 and can be operated without adversely affecting the owners or users of vested water rights or decreed conditional water rights on Tenmile Creek, the Blue River, Eagle River, or the Colorado River provided that water is diverted, stored, and released in conformance with the requirements of this Decree. D01977 "8" • • 0