2013-06-25_HYDROLOGY - M1974092 - Laserfiche WebLink

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Acres, until and unless the State Engineer changed its position that the gravel pits that continued operations after December 31, 1980 were not entitled to the protection of CRS 37 -90- 137(1). The State subsequently changed its position, as evidenced by a letter from the State Engineer to the Colorado Sand and Gravel Association dated September 4, 2009. Accordingly, as set forth in this decree, Applicant need not augment the evaporative losses associated with the Exempt 2.7 Acres. CONCLUSIONS OF LAW 30. Incorporation of Findings of Fact. The foregoing Findings of Fact are incorporated into these Conclusions of Law. 31. Notice and Jurisdiction. The Water Court for Water Division No. I has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, whether or not they have chosen to appear. The original publication in this matter and the resume publication of the Application placed such persons on notice of the relief requested by the Application and granted by this Decree. 32. Contemplated by Law. The change of water rights, plan for augmentation, and new water right included in this Decree are contemplated by law and satisfy the requirements of C.R.S. § 37 -92 -101, et seq., and any other applicable law. The plan for augmentation and change of water rights included in this Decree will not injuriously affect any owner or persons entitled to use water under a vested water right or decreed conditional water right, so long as operated and administered in accordance with the terms of this Decree. 33. Administrability. The water rights, change of water rights, and plan for augmentation approved in this Decree are administrable by the officials of the State of Colorado, so long as operated in accordance with the terms of this Decree. DECREE 34. Incorporation of Findings and Conclusions. The foregoing Findings of Fact and Conclusions of Law are incorporated into this Decree as if set forth. 35. Approval of Water Rights, Changes and Plan for Augmentation. The water right set forth in Section 19.2, the changes of water rights described in Section 10, and the plan for augmentation set forth in Sections 14 through 29, are hereby confirmed, approved, adjudicated and decreed, subject to the terms and conditions set forth in this Decree. 36. Adequacy of Augmentation Supplies. The replacement and augmentation supplies that Applicant will use for operation of the plan for augmentation are of a quality satisfactory to meet the requirements for which the water of senior appropriators has normally been used. 15 of 17