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Water Division 5, Colorado <br />Case No. 2009CW 166 <br />RULING OF REFEREEIDECREE OF COURT <br />Page 2 <br />3. No Statement of Onnosition. No Statement of Opposition to the Application herein has <br />been filed. The time for filing of Statements of Opposition has expired. The Court has <br />jurisdiction over this matter and over all parties, irrespective of whether they have <br />appeared. <br />4. Report of Division Engineer. This Court has given due consideration to the Division <br />Engineer's Summary of Consultation dated January 10, 2011, and filed with this Court on <br />January 14, 2011. <br />5. Notice and Jurisdiction. Timely and adequate notice of the Application herein was <br />published as required by law, and the Court has jurisdiction over the subject matter of <br />these proceedings and over all persons and property affected hereby, irrespective of <br />whether those persons or owners of property have appeared. None of the lands or water <br />rights involved in this case are within the boundaries of any designated ground water <br />basin. <br />6. Ownership of Water Rights. CAM is the owner and claimant of the water rights <br />described in this Decree. <br />DETERMINATION OF SURFACE WATER RIGHTS <br />7. Water Right Claim for Tavistock Diversion No. 1. CAM is entitled to a decree for <br />water rights for Tavistock Diversion No. 1 as follows: <br />A. Name of Structure: Tavistock Diversion No. 1 <br />B. Legal Description: SE' /4 SE %4 of Section 3, Township 1 North, Range 3 West of <br />the Ute Meridian. Distance from section lines: northerly, measured at right <br />angles, 1,305 feet from the south line of Section 3, Township I North, Range 3 <br />West of the Ute Meridian; and westerly, measured at right angles, 779 feet from <br />the east line of said Section 3. <br />C. Source: Loma Drain, tributary to Colorado River. <br />D. Date of Initiation of Appropriation: February H, 2009. <br />E. How Appropriation was Initiated: On -site survey and staking of notice. <br />F. Amount Claimed: 2.5 c.fs. conditional. <br />G. Uses: Irrigation and all industrial uses including, but not limited to, domestic, <br />manufacturing, dust suppression, earth compaction, batch plant uses, product <br />moisture, construction of roads and utility lines, reclamation, augmentation, <br />cooling, commercial, and fire protection. Applicant may divert, store and use the <br />