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a determination and the case was remanded to Staff on October 21, 2015. EINSPAHR, Gayln Case No. 15-GW-10 Designated Basin: Northern High Plains Management District:
<br /> Attorney: Jen Mele Subject: Staff required the applicant to file an application for reduction in number of irrigated acres and associated annual appropriation in order to obtain
<br /> a replacement well for the subject well. Applicant does not believe a reduction is required and claims an apparent overlap of irrigated acres with another well is a clerical error
<br /> on the permit for the other well. Status: This matter is scheduled for a hearing on March 15, 2016. GUTTERSON RANCHES, LLC Case No. 15-GW-11 Designated Basin: Lost Creek
<br /> Management District: Lost Creek 7 Attorney: Jen Mele Subject: Application for determination of water right for Denver Basin water with the Laramie Fox-Hills aquifer. Objections
<br /> were filed by the Lost Creek Land and Cattle Company and Equus Farms, Inc. Status: Objectors stipulated to issuance of a determination and the case was remanded to Staff on October
<br /> 21, 2015. PROSPECT VALLEY DAIRY, LLC Case No. 15-GW-12 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Application for replacement
<br /> plan. An Objection was filed by the Lost Creek Groundwater Management Company. Status: A status conference is set for November 13, 2015. CERVI ENTERPRISES, INC., et al
<br /> Case No. 15-GW-13 Designated Basin: Lost Creek Management District: Lost Creek Attorney: Jen Mele Subject: Application for determination of water right for Denver Basin water
<br /> with the Laramie Fox-Hills aquifer. Objections were filed by the Lost Creek Land and Cattle Company and Equus Farms, Inc. Status: Objectors stipulated to issuance of a determination
<br /> and the case was remanded to Staff on October 21, 2015. MERIDIAN METRO DISTRICT Case No. 15-GW-14 Designated Basin: Upper Black Squirrel Management District: Upper Black
<br /> Squirrel Attorney: Jen Mele Subject: Application for replacement plan to replace depletions of underdrains that were the subject of 14GW02. Objections were filed by Pain Brush Hills
<br /> Metro District, Upper Black Squirrel Creek Ground Water Management District, Woodmen Hills Metro District, the Wayne E. Booker Revocable Living Trust and the Frances G. Booker Revocable
<br /> Living Trust, Dan Farmer, Joe Farmer, Jr., Jerry Farmer, Teresa Farmer, Edna Farmer and the Farmer Pipeline Company, LLC, and Staff of the Ground Water Commission. 8 Status: Applicant
<br /> submitted a Motion for Order Disqualifying Hearing Officer to the Hearing Officer on September 14, 2015. That motion was initially not filed in any particular case since this case
<br /> had not yet received a case number. On October 28, 2015, the applicant re-filed the Motion for Order Disqualifying Hearing Officer under this case. The Farmer family filed a response
<br /> to the motion as well as a request for award of attorney fees. The Hearing Officer indicated in his September 30, 2015 Acknowledgement of Receipt of Objections and Request for Party
<br /> Status that there will be no settings in the case until he has ruled on the Motion for Order Disqualifying Hearing Officer. CHEROKEE METRO DIST v. GROUND
<br /> Case No. 15CW3028 WATER COMMISSION and UPPER BLACK 15GW15 SQUIRREL CREEK GROUND WATER MANAGEMENT DIST Designated Basin: Upper Black Squirrel Creek Management District:
<br /> Upper Black Squirrel Creek Attorney: Jen Mele Subject: Cherokee Metropolitan District originally filed a Complaint for Declaratory Judgment in district court seeking a determination
<br /> as to the legal uses of Cherokee Well Nos. 1-8, specifically a finding that those wells can legally be used both inside and outside the designated basin and that irrigation use is not
<br /> limited to the acreage that was specified in the statement of claim filed with the original application. Defendants filed a Motion to Dismiss, arguing that the Ground Water Commission
<br /> has jurisdiction over this determination since the subject rights are designated ground water. The motion was granted and Cherokee has submitted the Complaint for Declaratory Judgment
<br /> to the Hearing Officer. Status: The plaintiff sent the complaint to the Hearing Officer on October 23, 2015, however the parties are discussing whether it is appropriate for the
<br /> Commission to be a named defendant. The defendants have not yet accepted service and the matter has not yet been published. An acceptance of service will trigger the deadline for
<br /> filing an Answer and the publication will trigger the deadline for filing objections.
<br />Agenda2015Nov.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, November 20, 2015
<br />Town of Castle Rock Council Chambers
<br />100 Wilcox, 2nd Floor, Castle Rock, CO 80104
<br />A G E N D A
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of August 21, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation on the Colorado Water Plan by Ted Kowalski
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report. The Board may refer any item< contained or discussed under this topic
<br /> to Agenda Item No. 13 for discussion in Executive Session.
<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs
<br />Southern High Plains GWMD by Max Smith
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Update on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski
<br />New Business
<br />Applicability of SB15-183 to Designated Basins, by Keith Vander Horst
<br />Selection of next year’s meeting dates and locations
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 15, 2015
<br />Agenda2015Nov.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 21, 2015 4. Report of the Executive Director by State Engineer Dick
<br /> Wolfe 5. Commissioners’ Reports 6. Presentation on the Colorado Water Plan by Ted Kowalski 7. Staff Report by Keith Vander Horst. 8. Report of the Attorney General by Jen Mele. This
<br /> is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive
<br /> Session. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East
<br /> Cheyenne GWMDs e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek
<br /> GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd k. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Update on Water Quality Control Commission
<br /> rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski 11. New Business a. Applicability of SB15-183 to Designated Basins, by Keith Vander
<br /> Horst b. Selection of next year’s meeting dates and locations 12. Public Comments 13. Executive Session 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION
<br /> 10:00 a.m., Friday, November 20, 2015 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A
<br />Agenda2015Nov_Draft.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, November 20, 2015
<br />Town of Castle Rock Council Chambers
<br />100 Wilcox, 2nd Floor, Castle Rock, CO 80104
<br />A G E N D A - Draft
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of August 21, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation on the Colorado Water Plan, by James Eklund
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jen Mele. This is a background briefing on legal issues in the written report. The Board may refer any item< contained or discussed under this topic
<br /> to Agenda Item No. 13 for discussion in Executive Session.
<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs
<br />Southern High Plains GWMD by Max Smith
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Update on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski
<br />New Business
<br />Selection of next year’s meeting dates and locations
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 15, 2015
<br />Agenda2015Nov_Draft.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 21, 2015 4. Report of the Executive Director by State Engineer Dick
<br /> Wolfe 5. Commissioners’ Reports 6. Presentation on the Colorado Water Plan, by James Eklund 7. Staff Report by Keith Vander Horst. 8. Report of the Attorney General by Jen Mele. This
<br /> is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive
<br /> Session. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East
<br /> Cheyenne GWMDs e. Southern High Plains GWMD by Max Smith f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD h. Upper Big Sandy GWMD by Dave Taussig i. Lost Creek
<br /> GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd k. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Update on Water Quality Control Commission
<br /> rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski 11. New Business a. Selection of next year’s meeting dates and locations 12. Public
<br /> Comments 13. Executive Session 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2015 Town of Castle Rock Council
<br /> Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A - Draft
<br />Agenda2015NovAmended.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, November 20, 2015
<br />Town of Castle Rock Council Chambers
<br />100 Wilcox, 2nd Floor, Castle Rock, CO 80104
<br />A G E N D A - AMENDED
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of August 21, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation on the Colorado Water Plan by Ted Kowalski
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report. The Board may refer any item< contained or discussed under this
<br /> topic to Agenda Item No. 13 for discussion in Executive Session.
<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs by Carey Barnes
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Update on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski
<br />Legislation on de novo review of appeals of Commission’s decisions, by Alan Curtis
<br />New Business
<br />Applicability of SB15-183 to Designated Basins, by Keith Vander Horst
<br />Complaint by Cherokee Metropolitan District concerning allowed use of water rights, by Jennifer Mele
<br />Selection of next year’s meeting dates and locations
<br />Public Comments
<br />Executive Session
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 15, 2015
<br />Agenda2015NovAmended.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 21, 2015 4. Report of the Executive Director by State Engineer Dick
<br /> Wolfe 5. Commissioners’ Reports 6. Presentation on the Colorado Water Plan by Ted Kowalski 7. Staff Report by Keith Vander Horst. 8. Report of the Attorney General by Jennifer Mele.
<br /> This is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive
<br /> Session. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East
<br /> Cheyenne GWMDs by Carey Barnes e. Southern High Plains GWMD by Blake Gourley f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tracy Doran h. Upper Big Sandy
<br /> GWMD by Dave Taussig i. Lost Creek GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd k. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Update
<br /> on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski b. Legislation on de novo review of appeals
<br /> of Commission’s decisions, by Alan Curtis 11. New Business a. Applicability of SB15-183 to Designated Basins, by Keith Vander Horst b. Complaint by Cherokee Metropolitan District concerning
<br /> allowed use of water rights, by Jennifer Mele c. Selection of next year’s meeting dates and locations 12. Public Comments 13. Executive Session 14. Adjournment NOTICE OF GENERAL
<br /> MEETING OF THE COLORADO GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2015 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D
<br /> A - AMENDED
<br />Agenda2015NovAmended_2nd.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, November 20, 2015
<br />Town of Castle Rock Council Chambers
<br />100 Wilcox, 2nd Floor, Castle Rock, CO 80104
<br />A G E N D A – 2ND AMENDED
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of August 21, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation on the Colorado Water Plan by Ted Kowalski
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report. The Board may refer any item< contained or discussed under this
<br /> topic to Agenda Item No. 13 for discussion in Executive Session.
<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs by Carey Barnes
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Update on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski
<br />Legislation on de novo review of appeals of Commission’s decisions, by Alan Curtis
<br />New Business
<br />Applicability of SB15-183 to Designated Basins, by Keith Vander Horst
<br />Complaint by Cherokee Metropolitan District concerning allowed use of water rights, by Jennifer Mele
<br />Distribution of 2015 Groundwater Level Reports, by Kevin Donegan & Andy Flor
<br />Selection of next year’s meeting dates and locations
<br />Public Comments
<br />Executive Session
<br />Provide advice to Commission on issues and options in Hutton v. Wolfe, 15CW2018
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 15, 2015
<br />Agenda2015NovAmended_2nd.pdf NOTICE OF GENERAL MEETING OF THE
<br /> 1. Determine quorum 2. Review and approval of agenda items 3. Approval of Minutes for Meeting of August 21, 2015 4. Report of the Executive Director by State Engineer Dick Wolfe
<br /> 5. Commissioners’ Reports 6. Presentation on the Colorado Water Plan by Ted Kowalski 7. Staff Report by Keith Vander Horst. 8. Report of the Attorney General by Jennifer Mele. This
<br /> is a background briefing on legal issues in the written report. The Board may refer any item contained or discussed under this topic to Agenda Item No. 13 for discussion in Executive
<br /> Session. 9. District Reports: a. Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap b. W-Y GWMD by Jack Dowell c. Arikaree GWMD by Rod Mason d. Plains and East
<br /> Cheyenne GWMDs by Carey Barnes e. Southern High Plains GWMD by Blake Gourley f. North Kiowa-Bijou GWMD by Robert Loose g. Upper Black Squirrel GWMD by Tracy Doran h. Upper Big Sandy
<br /> GWMD by Dave Taussig i. Lost Creek GWMD by Thomas Sauter j. Upper Crow Creek Basin by Dan Loyd k. Republican River Water Conservation District by Deb Daniel 10. Old Business a. Update
<br /> on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski b. Legislation on de novo review of appeals
<br /> of Commission’s decisions, by Alan Curtis 11. New Business a. Applicability of SB15-183 to Designated Basins, by Keith Vander Horst b. Complaint by Cherokee Metropolitan District concerning
<br /> allowed use of water rights, by Jennifer Mele c. Distribution of 2015 Groundwater Level Reports, by Kevin Donegan & Andy Flor d. Selection of next year’s meeting dates and locations
<br /> 12. Public Comments 13. Executive Session a. Provide advice to Commission on issues and options in Hutton v. Wolfe, 15CW2018 14. Adjournment NOTICE OF GENERAL MEETING OF THE COLORADO
<br /> GROUND WATER COMMISSION 10:00 a.m., Friday, November 20, 2015 Town of Castle Rock Council Chambers 100 Wilcox, 2nd Floor, Castle Rock, CO 80104 A G E N D A – 2ND AMENDED
<br />Agenda2015NovAmended_3.docx NOTICE OF GENERAL MEETING OF THE
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />10:00 a.m., Friday, November 20, 2015
<br />Town of Castle Rock Council Chambers
<br />100 Wilcox, 2nd Floor, Castle Rock, CO 80104
<br />A G E N D A – 2ND AMENDED
<br />Determine quorum
<br />Review and approval of agenda items
<br />Approval of Minutes for Meeting of August 21, 2015
<br />Report of the Executive Director by State Engineer Dick Wolfe
<br />Commissioners’ Reports
<br />Presentation on the Colorado Water Plan by Ted Kowalski
<br />Staff Report by Keith Vander Horst.
<br />Report of the Attorney General by Jennifer Mele. This is a background briefing on legal issues in the written report. The Board may refer any item< contained or discussed under this
<br /> topic to Agenda Item No. 13 for discussion in Executive Session.
<br />District Reports:
<br />Marks Butte, Frenchman, Sand Hills and Central Yuma GWMDs by Nate Midcap
<br />W-Y GWMD by Jack Dowell
<br />Arikaree GWMD by Rod Mason
<br />Plains and East Cheyenne GWMDs by Carey Barnes
<br />Southern High Plains GWMD by Blake Gourley
<br />North KiowaBijou GWMD by Robert Loose
<br />Upper Black Squirrel GWMD by Tracy Doran
<br />Upper Big Sandy GWMD by Dave Taussig
<br />Lost Creek GWMD by Thomas Sauter
<br />Upper Crow Creek Basin by Dan Loyd
<br />Republican River Water Conservation District by Deb Daniel
<br />Old Business
<br />Update on Water Quality Control Commission rulemaking with respect to changing discharge standards for Total Dissolved Solids, by Pat Kowaleski
<br />Legislation on de novo review of appeals of Commission’s decisions, by Alan Curtis
<br />New Business
<br />Applicability of SB15-183 to Designated Basins, by Keith Vander Horst
<br />Complaint by Cherokee Metropolitan District concerning allowed use of water rights, by Jennifer Mele
<br />Distribution of 2015 Groundwater Level Reports, by Kevin Donegan & Andy Flor
<br />Selection of next year’s meeting dates and locations
<br />Public Comments
<br />Executive Session
<br />Provide advice to Commission on issues and options in Hutton v. Wolfe, 15CW2018
<br /> Adjournment</
<br />
<br />
<br />NOTICE OF GENERAL MEETING OF THE
<br />COLORADO GROUND WATER COMMISSION
<br />May 15, 2015
<br />CherokeeComplaint.pdf
<br />
<br />CherokeeComplaintExhibit 1 - Decree 42135-B (June 25, 1962).pdf PDF MAKE
<br />I c c I EN9 w C ciHlBITt1REc EIVED J Date u IN THE DISTRICT COURT IN AND r7 TI f1t3 Off1 gJI r tJI t COUNTY OF PUEBLO AND STATE OF c6LORADCFnh L ro1 C rd Pueblo J lv1F J rJ9 No B 42l35
<br /> JUN 2 5 1962 t v C ci 01 rIN THE MATTER OF ADJUDICATION OF PRIORITIES TO THE RIGHT TqTHE USE OF WATER FOR IRRIGATION AND NONlRRIGATION PURPOSES IN WATER DISTRICT 11 WATER DIVISION 2
<br /> IN THE STATE OF COLORADO FINDING AND DECREE Except as hereaiter specifically modified or withdrawn the within findings and decree shall constitute the decree of the court herein 1 This
<br /> is a supplemental adjudication ofwater rights for all purposes under the laws of Colorado and everything necessary or pre requisite to the establishment ofjurisdiction in this court
<br /> for that purpose has been done The proceedings taken herein have included the giving of notices required by law the receiving of statements of claim and the taking of evidence respecting
<br /> statements of claim filed herein 2 All and singular the canals ditches pipelines tunnels pumping plants reservoirs surface diversion wells and other diversion utilization and storage
<br /> works hereinafter set forth are declared and decreed to have the several rights numbers and priorities to the use of the waters of the several streams springs and other sources of supply
<br /> respectively as hereinaiter set forth subject however to the following next mentioned five provisions to wit FIRST No part of this decree shall in any case be taken deemed or held to
<br /> confirm impair or in any manner affect any claim of right or property claimed or held by any DISTiUCT COURT Counry of Pueblo Colorado Certified to be a full fru and cOl l cf copy of
<br /> the original ill my custody APR 1 4 1972 JAMES R lARSEN clerk ofth District Court B1L t Uf CQIl C f g person assaciatian or corparatian in ar to any ditch pipeline canal reservair ar
<br /> ather structure ar any part thereaf ar to any land ar interest in land an or in which any af them may be situated ar to the land ar interest in land held ar claimed as right af way
<br /> far any of them ar to any right interest arclaim af praperty whatever in ar reiating to any af them SECOND No part of this decree shall be taken deemed ar held as determining in any
<br /> manner any question ar claim af right between the awners ar claimants af any ditch pipeline canal reservair ar ather structure as between themselves whether as part awners or share
<br /> halders therein ar as stackhalders in ani carparatian ar jaint stack campany claiming ar to claim the same ar any part thereaf nar shall it be deemed to determine as amang themselves
<br /> ar as between them and any ather party claimant the right rights interests ar claims ar any cansumer af water far irrigatian ar far beneficial purpases ather than irrigatian whether
<br /> as part awner lessee sharehalder ar stackhalder in any carparatian halding ar cantralling the same ar determine the rights ar any purchasers af water therefram as against the rights
<br /> interests ar claims af any ather party ar parties interested ar claiming an interest or right in or to such ditch pipeline canal reservoir ar other structure as awner lessee ar part
<br /> awner thereaf ar as shareholder or stackhalder in any 2 r f corporation claiming the same or as purchaser of water therefrom neither shall it determine any claim of relative priority
<br /> made or resisted as between the parties using the water from the same appropriation THIRD Priorities to the rights to the use of water awarded in this decree as of the same date are
<br /> to have equal seniority regardless of different numbers awarded to them Dates of priority rather than numbers awarded to the priorities shall control the seniority of right except as
<br /> herein expressly otherwise adjudged and decreed FOURTH In any case herein in which a right is noted to be conditional that right is awarded upon the condition that work toward application
<br /> of the water for that right to beneficial use be prosecuted with due diligence and such use occur within a reasonable time Conditional rights shall be subject to cancellation as provided
<br /> by law in the absence of proof ofthe exercise of reasonable diligence with respect thereto As to each conditional priority herein awarded this case is hereby continued to the day of
<br /> the opening of the first term of this court in the year 1964 and to the day of the opening of the first term of this court in every even numbered year thereafter unless changed by specific
<br /> order of this court or by law as an adjudication day for the hearing of further proof with respect to each conditional right awarded herein without further notice FIFTH Each priority
<br /> in this proceeding has been given a number the earliest priority being numbered 1 and each 3 C i numbers assigned to priorities in earlier adjudications in I t i I I priority thereafter
<br /> being given a succeeding number Each number is preceded by the prefix A to distinguish it from this court 3 The court finds as to each water right hereinafter awarded that all matters
<br /> set forth in the respective statements of claim were proved as stated therein except insofar as they may be in conflict with the express terms of this finding and decree and that work
<br /> on the appropriation was in each case prosecuted with due diligence continuously from and after the date awarded each appropriation 4 References to volumes and pages are to the Reporter
<br /> s Transcript of Testimony herein 5 All appropriations herein are for direct and immediate use unless specified with respect to a particular appropriation to be for storage Unless otherwise
<br /> specified all storage decrees herein are for one annual fiHing Where expressly granted the right to refill after one annual filling shall be as of the respective dates of such reservoirs
<br /> 6 The authority of administrative officials to enforce this decree shall extend to all types and means of diversion of the waters decreed herein 7 No findings of fact made in this adjudication
<br /> of water rights proceeding shall prejudice or impair or otherwise affect the authorized powers of the Pueblo Conservancy District with reference to the location or construction of works
<br /> of the Southeastern Colorado Vater Conservancy District pursuant to the description thereof contained in the statement of the general plans set forth in the petition in this proceeding
<br /> 4 r c 8 As to water rights heretofore adjudicated in this District priorities for irrigation granted by this decree shall be enforceable only as of November 26 1916 and priorities for
<br /> purposes other than irrigation granted by this decree shall be enforceable only as of October 14 1932 9 With respect to each of the various appropriations for which claim has been made
<br /> herein it is found determined and decreed as follows 5 Y r i i i i I I 1 j c o I 0 jdj r i PRIORITY NO A 1 Vol 5 p 2 1 NAME OF STRUCTURE Pritchard Ditch 2 SOURCE Turkey Creek 3 POINT
<br /> OF DIVERSION A point whence the NW corner of Sec 30 Township 17 South Range 66 West of the 6th p M bears North 200 44 West 1 512 feet I 4 PURPOSES Irrigation 5 PRIORITY DATE January
<br /> 1 1887 i 6 AMOUNT 3 cubic feet per second of time 1 i t f PRIORITY NO A 2 Vol 9 p 2 1 NAME OF STRUCTURE Ford White Ditch 1 2 SOURCE Hay Creek 3 POINT OF DIVEl tSION A point whence the
<br />
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