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DISTRICT COURT, WATER DIVISION I, COLORADO P�Pi/it/2(24. 2.
Case No. 8OCW397DF
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FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT C44.
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
SAMUEL L. WYATT and MINNIE N. WYATT in WELD COUNTY
THIS CLAIM, having been filed with the Water Clerk, Water Division I ,
on December 29, 1980 and amended on December 22, 1981 and the Referee being
fully advised in the premises, does hereby find:
All notices required by law of the filing of this application have
been fulfilled, and the Referee has jurisdiction of this application.
A statement of opposition, in the form of a statement of objection,
was filed, and an amended statement of opposition, in the form of an amended
statement of objection, was timely filed on February 23, 1982, by Carl J . Frank
and Marilyn R. Frank, by their attorney, C. Vincent Phelps. No other state-
ments of opposition or objection to said application or amended application
have been filed, and the time for filing such statements has expired. The
parties hereto, for and on behalf of themselves, and through counsel of record,
have entered into and filed i.n this Case No. 80CW397 a Stipulation and Agree-
ment for Settlement, and have also entered into and filed said Stipulation in
Case No. 8OCW13O. Said Stipulation has been approved by Water Court Judge Robert
A. Behrman, consenting to and providing for the dismissal of the petition for
injunction and damages in Case No. 8OCW13O, and providing for the withdrawal of
the statements of opposition or objection filed in this case, and the entry of
decree herein, providing for the right in applicants, Samuel L. Wyatt and Minnie
N. Wyatt, to use thirty (30) gallons per minute for exempt use pursuant to C.R.S.
37-92-6O2(1 )(e), Wyatts agreeing that no amounts in excess thereof shall be div-
erted from the surface and underflow under the application in Case No. 8OCW397,
and Wyatts further agreeing that they shall not willingly or negligently permit
any of the flow or return flow from their diversion to escape into any other
drainage basin; all parties hereto also stipulating and agreeing that the water
rights referred to herein and the premises associated therewith shall be admin-
istered and inspected in accordance with the statutory and case law of the State
of Colorado by the designated agents and representatives of the Office of the
State Engineer to insure the use of no more than thirty (30) gallons per minute
as provided for herein.
All matters contained in the application having been reviewed, and
testimony having been taken where such testimony is necessary, and such correc-
tions made as are indicated by the evidence presented herein,
IT IS HEREBY THE RULING OF THE WATER REFEREE:
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990655
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Case No. 80CW397
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1 . The name and address of the claimants:
SAMUEL L. WYATT and MINNIE N. WYATT
South Route, Box 34
Kimball , Nebraska 69145
2. The name of the structure:
WYATT PIPELINE NO. 1 and WYATT PIPELINE NO. 2.
3. The legal description of the structure:
Legal description of each point of diversion and general des-
cription of ditch or pump and pipeline:
Unnamed spring in the natural limestone breaks in the NWaNE;
NL of Section 21 , Township 11 North, Range 57 West of the Sixth
00 -- '' .o) Principal Meridian, Weld County, Colorado, 2,150' W and 61 ' S
L P� of the NE corner of said Sec. 21 , at which point is-located
an underground collection gallery placed approximately 15' in
the ground, said collection gallery consisting of three hori-
zontal 4" plastic perforated pipes, approximately 100' long,
40' long and 20' long. Said pipes are gravel packed for col -
lection of the spring water from the spring well Permit No.
87084 located at that point, diverting same into a spring box,
for transmission of a constant flow of approximately 30 gpm
through two 2" pvc pipes. Wyatt Pipeline No. 1 consists of
one of said 2" pipelines, flowing by gravity, to a cistern
located at claimants' residence and improvements area located
approximately 2,000' SE of the spring. Approximately 15 gpm
of the flow is used to supply the pressure system located at
that point for household, domestic and irrigation of approxi-
mately 1 acre of trees, grass and shrubs, and livestock water-
ing uses and purposes. In addition to supplying the residence
and improvements area, the pressure system supplies water,
through 1a" pvc lines, to three separate livestock watering
tanks located on claimants' ranch, designated as Station 1 ,
Station 2 and Station 3. Station 1 is located in the SEa of
Sec. 9, T11N, R57W with a transmission line of approximately
8,500' . Station 2 is located in the SWa of Sec. 21 , T11N,
R57W with a transmission line of approximately 6,400' . Sta-
tion 3 is located near the center of Sec. 14, T11N, R57W with
a transmission line of approximately 9,220' . The 12' diameter
stock tanks have valves to prevent overflow. Regarding Wyatt
Pipeline No. 2, approximately 15 gpm flows, by gravity, into
and through stock watering tank 4, located approximately 1 ,500'
SE of the spring, thence, and similarly, through stock water-
ing tank 5 located approximately 1 ,000' SE of stock watering
tank 4, thence and similarly, to dirt stock watering tank 6,
which never overflows, the water not otherwise being used by
Wyatt Pipeline No. 1 or Wyatt Pipeline No. 2 systems, return-
ing to the underground at that point. The overflow from the
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Case No. 80CW397
Page 3
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cistern also flows into stock watering tank 6. Stock
watering tank 4 is 12 ' in diameter, stock watering
tank 5 is 9 ' in diameter and dirt stock watering tank
6 has a normal capacity of approximately 2 . 5 acre-feet.
4. The source of water:
Groundwater-spring tributary to South Platte River.
5. The date of appropriation:
December 31, 1938 .
6. The amount of water:
Wyatt Pipeline No. 1: 0. 033 cubic feet per second (15 gpm)
Wyatt Pipeline No. 2: 0. 033 cubic feet per second (15 gpm)
7. The use of the water:
Wyatt Pipeline No. 1: Household and domestic uses
and purposes and livestock watering uses and purposes;
1 acre-foot annually for irrigation of 1 acre of trees ,
grass and shrubs located at residence and improvements
area, ABSOLUTE. The disposal system for water used for
domestic purposes is comprised of a septic system and
leaching field.
Wyatt Pipeline No. 2: Livestock watering uses and
purposes, ABSOLUTE.
These two systems, limited to 30 gpm or 0 . 066 cubic feet
per second pursuant to the terms of Colorado State
Engineer' s office Permit No. 87084 , from the same point
of diversion, being the sole source of water supply,
represent the only diversion or well on claimants ' ranch,
which is much greater than 35 acres.
8. Exempt clause:
This water right is exempt from administration by the State
Engineer pursuant to C.R.S. 1973, 37-92-602 , as amended,
but is subject to the terms, conditions and limitations
as set forth in the Stipulation and Agreement for
Settlement ordered entered herein.
DATED this 8th day of September , 1983.
RA D . LI SMA
W er Referee r Water Division No. I iJ 47 U u
Case No. 80CW397
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THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER.
THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT
AND DECREE OF THIS COURT.
Dated: OCT 31983
B RT A. BEHRMAN
Water Judge
Water Division No. I
State of Colorado
APPROVED AS TO FORM AND SUBSTANCE:
Robert W. Giacomini #715
Attorney for Applicants-Claimants,
Samuel L .• Wyat and Minnie N: Wyatt
Shelps #5878 .
Attorney for Objectors ,
Carl J. Frank and Marilyn R. Frank
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