STATE OF COLOBADO, ) ) SS. IN THE DISTRICT COURT COUNTY OF SUMMIT. ) No. 1805 IN THE MATTER OF THE ADJUDICATION OF THE PBIORITIES OF WATER RIGHTS IN WATER DISTRICT NO. 36, FOR PUR- POSES OF IRRIGATION. JUDGMENT AND DECREE T1:1is . ca1:1se ca~e __on regularly for hearing on the 16th day of November, A. D. 1942, pursuant to the order heretofore entered 1~ said cause, and on said date, upo~ motion duly made, the cause was regularly continued and was thereafter regularly cont_inued from _time to tj,.me until the 28tp. day of November, A. D. _ 1949, at ten o•clock A. M., at which time the Court _eornmenced taking of evi­ dence; that the cause was regularly continued from time to ti~e thereafter for the taking of evi_?-ence until November .30, 1951, when the taking of evidence was completed and the Court then and there advised claimants as to certain rulings intended to be made by the Court, granted thirty days for filing of suggest~ons as to form of the decree, certain cla.i~:r:1,ts having, theretofor~ and on the 14th day of August, A. D. 19.50, presented_to the Court their proposed decrees to some of which decrees objections were there­ after duly made by certain cl aimants, and then and there the Court regularly continued the cause un~il the 14th ~ay of January, A. D. 1952, for the presentation of a decree and objections thereto, at which time claimants were granted until February 20, 19.52, to file written objections to a decree to be presented to claimants be- fore said date, and the cause was then and there regularly eon- tinued to March 10, 19.52, for the signing of a decree herein and the taking of exceptions, if any, thereto. And now on this 10th day of March, A. D. 19.52, t his matter coming on for consideration pursuant to the order of Court Judgment and Deeree Page 2 and objeetions heretofore made with respect thereto, the claim statements, the records and files herein, and the evidenee adduced during the hearings herein, and being now fully advised in the premises, doth find: 1. That pursuant to an order entered by this Court commanding ~he State Engineer to certify to the Clerk the true and complete list of all filings of claims for appropriation of water for irrigation or other benefici~l uses or purposes within Water District No. 36, the State Engineer did prepare, forward, and certi­ fy to the Clerk of this Court, a list of all such filings and claims, in conformity with said order, which said list did show the name or names of the ditches, reservoirs, and other means of appropriation, the names and post office addresses of the claimants, and the names and addresses of any persons who appear on the records of the _State Engineer as the last grantees of the original claimants. That per­ sonal service of notice of this application was duly made upon all parties entitled to such notice, including all claimants and owners of ditches and reservoirs whose claims appear of record and all persons who use or claim water from the Blue_Ri~~r and its tribu­ taries in Water District No. 36 .. That, in addition to said per­ sonal service, notice of the application for adjudication of water rights in this cause was duly published in The Summit County Journal, a legal newspaper in Summit County, Colorado, for the time and in the manner prescribed by statute and more than ten of said notices were likewise duly posted as required by law and service was made upon all persons who were required to be served with notice in the manner and form required by statute. That said notice and the $ervice of .notice are in all respects proper and in due form of law. That notice of this application was duly mailed by the Clerk of this Court to all persons entitled to such notice who could not be per- Judgment and Decree Page 3 the office of the Clerk, that se:J::>vice w~s regularly made on all persons and that this Court has jurisdiction of all parties in interest in this pro.ceeding and of the subject matter of this action. 2. The Court finds that the amount of water hereby un- conditionally awarded to the several ditches, reservoirs and structures and to the several priorities connected with said ditches, reservoirs and structures has been beneficially applied and used for purposes of irrigation in connection with said ditches, reser­ voirs and structures. That the amount of water hereby awarded and decreed to the several ditches, reservoirs and structures is necessary and essential for purposes of irrigation and from the evidence submitted in this case said amount of water has been appro- priated and beneficially used or as to ditches, reservoirs and structures to which conditional decrees are awarded it is the in- tention of claimant to make beneficial use with due diligence and within a re~sonable time. 3. The Court finds that by reason of the application of said quantities of water so awarded to the several ditches, reser- voirs and structures to a beneficial use therethrough or thereby, the appropriators, claimants and parties lawfully entitled thereto, have acquired a vested property right to the use of such water under the Constitution and the laws of the State of Colorado and of the Constitution of the United States of America • . 4. The Court finds that nothing herein contained shall be held, deemed or construed to change the date of appropriation or volume or quantity of' water appropriated or the time of appro­ priation or the manner of use, or to in any other way change or modif'y or adversely affect decrees of this Court heretofore entered. The Court, in this connection, further finds that the several appropriations of water to each and every ditch herein specifically Judgment and Decree Page 4 tion purposes appear from the evidence submitted herein to have been continuously used and beneficially applied in the irrigation of lands thereunder and said decrees so far as they relate to the use of water for purposes of irrigation are recognized and acknowledged as prior valid decrees and the same shall be and are hereby ratified and confirmed so far as they relate to the use of water for purposes of irrigation. 5. The Court further finds that all ditches, reser- voirs and structures are, under the evidence submitted in this case, entitled to priority rights in amounts equal to or greate~ · than the amounts herein awarded relating back to a date as early or earlier in every instance than the date fixed by this decree. The Court further finds that under the evidence sub- mitted in this case all of the ditches and structures herein mentioned have a carrying capacity sufficient to carry the water adjudicated to said ditches and structures by absolute de- crees herein and that the reservoirs have a sufficient storage capacity to store the water adjudicated to said reservoirs by absolute decrees herein. That as to all ditches, reservoirs and other structures to which conditional decrees have been awarded it is the intention of the respective claimants to apply the water so conditionally used to a beneficial use with due diligence and with in a reasonable length of time and said conditional decrees are expressly awarded on said basis. 6. The Co urt finds that the evidence submi tted herein with respect to the claim of the South Platte Water JUDGMENTs AND DECBEE Users• Association is and was insufficient to justify the Court in entering any decree herein in favor thereof, or assigning any ditch, reservoir, canal, structure or priority number, either absolute or conditional, and no findings or determination whatsoever are herein made with respect to the claim statement herein filed by said South ' Platte Water Users• Association, except to deny the claim and app],ication ma.de thereunder for an adjudication of any right or rights to the appropriation, u~e a~d diversion of water therein or thereby in this proceeding. 7. The Court finds that the evidence submitted herein with re!!lpect to the claim of the Colorado River Water Conservation District for a decree or decrees for the Goose Pasture Reservoir and Wheeler Reservoir ie and wae insuffi- -cient to justify the Court in entering any decree herein in favor thereof~ or aeeigning any ditch, reservoir or priority number, either absolute or conditional, and no findings or determination whatsoever are herein made with respect to the claim statement herein filed by said Colorado River Water Conservation District, except to deny the claim and application made thereunder for an adjudication of any right or rights to the appropriation, use, and diversion therein or thereby for said Goose PasturE? Reservoir and W'.neeler Reservoir in this proceeding. 8. The Court finds under the evidence~submitted herein with respect to the claim of the Colorado River Water Conservation District for a decree for the Green Mountain Reservoir that same is and was insufficient to justify the Court in entering any decree herein in favor thereof, or assigning any reservoir or JUDGMENT AND DECREE 6 ~ri~r1ty numbe~i either abeolute or oonditionali and aa1d claim and application made thereunder for an adjudication of any right o~ ri1ghts to the appropriation, use and d1_version therein or thereby for said Green Mountain Reservoir be, and hereby is, ·denied. 9. The Court finds under the evidence submitted herein with respect to the ~claim of the City and County of Denver, Colorado, - for a decree for the Green Mountain Reservoir that same is and was insufficient to Justify the Oourt in entering any decree herein in favor thereof, or assigning any reservoir or priority number, either absolute or conditional, and said claim and application made there­ under tor an adjudication of any right or rights to the appropriation, use and d~version therein or thereby for said Green Mountain Reservoir be, and hereby is, denied.