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Water Division 5, Colorado
<br />Case No. 2009CW 166
<br />RULING OF REFEREE/DECREE OF COURT
<br />Pap 5
<br />depletions described in this Decree, until used for augmentation pursuant to the terms of
<br />this Decree.
<br />17. Burden of Proof. CAM has met its burden of proof and is therefore entitled to a decree
<br />approving conditional surface water rights for Tavistock Diversion No. 1 and Tavistock
<br />Diversion No. 2.
<br />18. Administrability. The water rights decreed herein are administrable by the officials of
<br />the State of Colorado.
<br />RULING OF THE REFEREE AND DECREE OF THE WATER COURT
<br />19. Incorporation. The Findings of Fact and Conclusions of Law as set forth above are
<br />incorporated herein by reference and are hereby modified as necessary to constitute part
<br />of the Ruling and Final Judgment and Decree.
<br />20. Surface Water Rights. The Referee does, therefore, conclude that the Application
<br />should be granted and ORDERS that: (1) 2.5 c.fs. be hereby awarded Tavistock
<br />Diversion No 1, conditional, for irrigation and all industrial uses including, but not
<br />limited to, domestic, manufacturing, dust suppression, earth compaction, batch plant uses,
<br />product moisture, construction of roads and utility lines, reclamation, augmentation,
<br />cooling, commercial, and fire protection. Applicant may divert, store and use the water
<br />directly, by and for exchange, augmentation, substitution, replacement or otherwise. for
<br />Determination of Water Surface Rights described above is hereby approved; and (2) 0.75
<br />c.fs. be hereby awarded Tavistock Diversion No. 2, conditional, for all industrial uses,
<br />including, but not limited to, domestic, manufacturing, dust suppression, earth
<br />compaction, batch plant uses, product moisture, construction of roads and utility lines,
<br />reclamation, augmentation, cooling, commercial, and fire protection. Applicant may
<br />divert, store and use the water directly, by and for exchange, augmentation, substitution,
<br />replacement or otherwise.
<br />21. Measurine Devices. CAM shall install and maintain, at CAM's expense, such meters,
<br />gauges, or other measuring devices as may be reasonably required by the Water
<br />Commissioner or Division Engineer, and shall report at the times required by this Decree
<br />to the Water Commissioner and/or Division Engineer the readings of such meters,
<br />gauges, or other measuring devices pursuant to C.R.S. § 37- 92- 502(5)(a).
<br />22. Priority. The Application in this matter was filed during 2009 and shall be administered
<br />as having been filed during 2009 and the conditional water rights confirmed herein shall
<br />be administered as junior to all applications filed prior to 2009.
<br />23. Diligence. The conditional water rights for Tavistock Diversion No. 1 and Tavistock
<br />Diversion No. 2 awarded herein are continued in full force and effect until ,
<br />2017. If CAM desires to maintain such conditional water rights, an application for
<br />finding of reasonable diligence shall be filed prior to or during said month and year, or a
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