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4011 RE9NOVED RECEIVE <br />DEC 13 1.985 <br />DEC IS 1985 <br />DISTRICT COURT WATER DIVISION NO. 5, STATE OF COLORADO <br />DIV OF WATER RESOURCES <br />Case No. 80 CW 62 STATE ENGINEER <br />COLORADO <br />FINDINGS OF FACT, CONCLUSIONS <br />OF LAW, JUDGMENT AND DECREE <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF <br />ASPEN AND THE COLORADO WATER CONSERVATION BOARD IN THE <br />ROARING FORK RIVER OR ITS TRIBUTARIES IN PITKIN COUNTY <br />The application for a change of water right to alternate <br />uses and points of diversion was filed on March 25, 1980, was <br />referred to the Water Referee for Water Division No. 5, State <br />of Colorado, by the Water Judge of said Court, and was re- <br />referred by the Water Referee I to the Water Judge by order <br />dated June 30, 1980, all in accordance with C.R.S. 02 -37 -101 <br />et. seq. <br />All notices required by law of the filing of the applica- <br />tion have been fulfilled, and the time_for filing statements <br />of opposition has expired . <br />:,� _ =•C T e' er ' _ ' .jr:..s:.. <br />o the spP]s�:cat were <br />.1 oo ,,i h Rea, <br />WATER RESOURCES <br />STATE • ENGINEER <br />Timely statements of oppostio <br />filed on behalf of Hugh Goodrich a <br />of the Bank of the Southwest at-6 M. °iaz_et1,ay co <br />trustees, of Bluepond Associat an cc Ninl T = it h <br />Company. An entry of appearance was filed on behalof"°'t e <br />y p <br />City and County of Denver, actrigl by and through' its Board of <br />Water Commissioners. The statementKof�- oppos. t on �by Bank of <br />the Southwest and Marian Neal Lyeth, as co- trustees 'Vas <br />deemed to be only an entry of appearance pursuant to a stipu- <br />lation dated September 17, 1980, and to the order of the <br />Court dated September 25, 1980. Objector Bluepond Associates <br />withdrew from the case on October 4, 1982. <br />Being fully advised in these premises, THE COURT HEREBY <br />FINDS, CONCLUDES AND DECREES AS FOLLOWS: <br />1. The statements in the applications are true, and <br />the Applicants are entitled to the change of water rights as <br />set forth below. The change of water right granted here will <br />not injuriously affect the owner of or persons entitled to <br />use water under a vested water right or a decreed conditional <br />water right. <br />