2011-04-29_HYDROLOGY - M1977573 - Laserfiche WebLink

Home Browse Search

Decree of the Water Court Case No. 03CW8, Water Div. 2 Transit Mix of Pueblo, Inc., et al. Page 14 31. All of the water used for replacement purposes has the quality of the Arkansas River at its point of inflow to Pueblo Reservoir, and has the same quality of the Hamp-Bell Ditch rights when they were used for irrigation purposes. CONCLUSIONS OF LAW 32. The foregoing findings of fact are incorporated herein by this reference. 33. The application and its amendment were published in a newspaper of general circulation in Pueblo County and in the resume for Water Division 2. The Court has jurisdiction over this matter, the parties herein and all persons who could have appeared herein but did not. 34. The Hamp-Bell Ditch water rights and the substituted water herein are derived from precisely the same source, namely, the mainstem of the Arkansas River at Pueblo Reservoir; as such, the quality of the substituted water meets the requirements of C.R.S. 37-92-305(5). 35. The Chain of Lakes was created by gravel mining. In determining the quantity of water required in this augmentation plan to replace evaporation from ground water exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in C.R.S. § 34-32-103(9), there shall be no requirement to replace the amount of historic natural depletions to the waters of the state, if any, caused by the preexisting natural vegetative cover on the surface of the area which will be, or which has been, permanently replaced by an open water surface. The Applicants bears the burden of proving the historic natural depletions caused by the natural vegetative cover. C.R.S. 37-92-305(12)(a). 36. The change of water rights requested herein is one contemplated by law, subject to the statutory requirement that no injury will occur to the owners of vested water right or 15003 h/transit mix/decree 02-22-09