Fort Collins Coloradoan from Fort Collins, Colorado • Page 29

V. I 240 Autos for Sale 1962 STOCK Corvette convertible, hardtop, recently restored. Good condition. Call 482-8721 evenings. VW 1968, 64,000 miles, Snows.

Excellent condition, $1200. 484-7325, 3 Bob. 1959 ALFA ROMEO convertible. Fair condition. $200.

493-8840. Ken. '63 CHEVY 11, exceptionally clean, very good mechanically. 493-6590. SACRIFICE: $1,500 below new price: 1974 Olds Cutlass Supreme, 4,000 miles; cranberry, white, $3,750.

493-7914. '57 CHEVY, 'engine. condition. Recently rebuilt 283 482-6607 or 484-2739 after 5. 1968 PONTIAC Firebird 350, vinyl top, bucket seats, $995.

484-2671. '66 CHEVY 11, six, stick, economical, $295. Number 3003. and Auto Sales, 2800 North U.S. 287.

484-8094. 1966 DODGE CORONET 4 door sedan. 383 cubic inches. 6 tires. 484-5718.

ONE OWNER: '72 Toyota Corona 4-door, low mileage. Better than new. Call 484-6704. 1970 AUDI, good condition, 35,000 miles, new tires, front wheel drive, 30 miles per gallon. 484-5886.

69 VW FASTBACK, green, automatic, excellent condition. $1050. 493-5852. HARDTOP, 2-door, 1967 Dodge Polara, steering, power brakes, $450. Phone 482-5287.

'66 VW Fastback, mechanic's dream needs work, good body. Call after 5, 484-6654. 1973 VEGA station wagon Estate model. All the extras. $2395 or best offer.

493-6502. '69 MUSTANG in excellent shape. Economical! Must see. Also 4 new wide tires. Call 482-2491.

'69 VW Squareback, rebuilt engine and transaxle, new clutch and 6 new tires, $1195. 482-6729. 1973 DATSUN 240 Z. 4-speed. 11,000 miles.

Green. Wire wheels. Warranty. $4600 493-4463. 1964 CHEVROLET Chevelle, 6-cylinder, reasonable offer accepted.

493-8041. 1974 VOLVO 164 overdrive. Luxury plus economy. Phone Karen, 482-4466 days or Preston, 482-5956 evenings. 1973 VW Super Beetle, AM radio, 4-speed, chrome wheels.

493-0431 weekdays after 5 p.m. REDUCED $300: '72 Mercury Comet, V-8, very low mileage, many extras, well cared for, $2,195. Must sell. 484-6912 after 5. 1972 CHEVY RALLY Nova A V8.

3-speed, low mileage, $2100. Call 484-3911. 1967. INTERNATIONAL VAN. Very low mileage, good mechanically, minor body damage.

Make good camper, mobile workshop. 484-4499 or 482-2464 after 6. '63 PONTIAC, Good condition, good on gas, will sell or trade for horse. 482-6345. 1970 Impala, power steering, power brakes, automatic transmission.

Good gas mileage. 484-2648. CONVERTIBLE Clean 1968 Olds. Regular gas, good mileage, air conditioned. Extra wheels-tires.

$700. 484-6796. 1973 CAPRI Number 14; 1973 Chevy pickup Number 1970 Buick LaSabre with air conditioning, automatic transmission Number 1974 Blazer, automatic transmission, power steering, power brakes Number 15; 1964 Comet Six Number 1960 Ford pickup Number 1956 Chevrolet Number 10. 899 Riverside. Houska Garage.

1965 CHEVELLE Malibu station wagon. Excellent condition. $650 or best offer. 482-0243. 1973 DATSUN 1200, 30-35 miles-gallon.

warranty, 6,000 miles. Radio, tach. Paul, 484-0471. 1966 VOLVO, Fantastic mechanical condition, Great gas mileage $600 or best offer. 484-9291 after 7.

VOLVO. 1971 statton Wagon, AM-FM stereo, automatic, deluxe model, green. Asking $2750. Call 493-1683. 1973 CUTLASS, power, air, cruise control, 17 miles per gallon, will consider trade.

484-1547. 249 4-Wheel Drives '69 FORD four-wheel drive. Camper shell. $2200 or trade for cash and older pickup. Also complete Scuba outfit.

484-5509. 1961 JEEP CJ5, Chevrolet V-8, overdrive, good condition, asking $1400 or best offer. 484-3715. 1966 BRONCO, -New valve job, paint etc. Best offer.

482-0967. PASTOR MOTORS 1969 Toyota Landcruiser, 4x4, winch, low mileage, S165, $2695, 2849 South College. INTERNATIONAL SCOUT, 1968 in good 650. Call between 6 and 7 p.m., 493-9792. condition.

Very low mileage. Asking no CJ5 JEEP '69; 22,000 original miles. V6 with overdrive. Excellent condition. Many extras.

Nick 493-4781. MUST excellent SELL condition, 1970 best Scout, V8, offer. automatic. after 5. '51 WILLYS military Jeep new tires, $700 3226 or Spruce, best West offer.

on Gets Azalea you off anywhere: Trail. MUST SELL '72 Commando, 2,300 miles, very good condition. Best offer. Call 484-9487 after 5. 1972 IHC Scout 11, 6-cylinder, 3-speed, new tires, excellent condition, $2,700.

493-3667. '73 JEEP quadra-trac. Long box, power, air, 6,700 miles. 482-2828. 520 Spaulding Road.

1960 JEEP PICKUP 4-wheel drive, needs work, $350 1965 FORD TON 4-Wheel drive, $995 1964 INTERNATIONAL PICKUP 4-Wheel drive, $795 1964 JEEP STATION WAGON 4-Wheel drive. A good buy at $995 1962 SCOUT 4-Wheel drive, $700 KELLY'S 735 Lemay 250 Trucks for Sale 1969 FORD 250 pickup heavy duty camper special, two gas tanks, excellent condition. With 11 foot Starcraft camper fully equipped. 484-5718. 1969 GMC ton, power steering, power brakes, custom cab.

Come by and see, 1616 South College. '70 FORD pickup, long wide box, clean. and Auto Sales, 2800 North U.S. 287. 484-8094.

'61 FORD 1-ton, duals, stake bed, smooth running. and Auto Sales, 2800 North U.S. 287. 484-8094. PICKUPS AT KELLY'S 1972 TON GMC A good at 29,000 miles, 2395 TON 1969 $995 V8, 1966 GMC $695 AL V8, 1967 INTERNATION: $795 1966 CHEVROLET CARRYALL $695 TON PICKUP $299 1964 DODGE V8, Long Box, 1966 DODGE 795 1960 INTERNATIONAL PICKUP 4-speed, $395 1962 CHEVY TON PICKUP $395 KELLY'S735Lemay House-passed school aid bill faces trouble in Senate WASHINGTON (AP) The House has passed a massive school aid bill but added antibusing amendments that could cause trouble when the measure reaches the Senate.

One amendment, which would restrict the power of the federal courts. to order busing, touched a Senate filibuster in 1972 and never came to a vote. The other, which would prohibit the expenditure of federal funds for busing, originally was passed in 1972 but was made ineffective by Senate changes at that time. The amendments were added to a bill extending for three years the Elementary and Sec- Workshop on Chinese text set at The Point A workshop on a Chinese sacred text which has been described as "a livin oracle" is scheduled at 1 p.m. Saturday at The Point, 503 Remington Street.

Jackie Brittain, psychology coordinator at The Point, will offer the workshop on the "I Ching" which translates to "Book of Changes." Ms. Brittain has been a student of the "I Ching" for over 10 years. She describes the principle on which the text works as "the synchronicity of acasu-24 al events." Those who consult the "I Ching" do so to gain an insight into the particular forces and trends which are dominant in any life situation. There is a prescribed ritual and meditative process by which "I Ching" self-consultations are made. The workshop is free and open to the public.

Funeral Notices 11 GOODRICH MORTUARY 301 01 East Olive Private Funeral Parking HOLMES Mrs. Mary R. Holmes, formerly of Fort Collins. Services Friday, 10:00 a.m., Goodrich Chapel. Graveside services by Delta Rebekah Lodge No.

25 at Grandview Cemetery. GLENDENING Mrs. Leah M. Glendening of 200 South Grant Street. Services Friday, 3:00 p.m., Goodrich Chapel.

Interment Roselawn Cemetery. who care to may contribute to a memorial fund to Glad Tidings Assembly of God Church in memory of Mrs. Glendening. PURCELL Jack L.M. Purcell of 469 West County Road.

66 Waverly. Graveside services Friday, 1:00 p.m., Grandview Cemetery. Friends who wish to see Mr. Purcell may call at the Goodrich Chapel until Noon on Friday. WARREN funeral chapel 121 West Olive Private Funeral Parking FOLLETT Jonah Earl Follett of Walden, Colorado.

Graveside Service Friday 11:00 a.m. at Roselawn Cemetery. STEPHENSON Otto W. Stephenson of Grover, formerly of Wellington. Service Friday 2 p.m.

Warren Chapel. Odd Fellows Graveside Service at Roselawn Cemetery. 250 Trucks for Sale 1972 DATSUN 1600 pickup, 6 tires, 4-speed, head bolt heater, 19,000 miles. Priced to sell at $2,000. 484-1389.

1965 DODGE A100 Van with 1969 engine. Good mechanical shape. Priced right at $575. 484-1389. PASTOR MOTORS 1972 Chevrolet Van, long wheelbase, low mileage, S154, $2695, 2849 South College.

1967 DODGE PICKUP, ton, V-8, speed, long bed, new brakes, overloads. $650. 484-6489. 1972 FORD ton, 6 cylinder, 240, display van. Like new, low mileage, 1312 South College.

1970 FORD 4-wheel drive pickup. 360 engine, 4-speed transmission, lock-out hubs. This unit is sharp and has low mileage. Must see to appreciate. Can be seen at 1605 East Lincoln, MondayFriday.

Ask for Dwaine. '72 FORD Ranchero. Loaded. Like new. Only 12,000 miles.

482-2856. See evenings, 1608 West Mountain. 1949 DUMP truck F-8, 10x20 12-ply tires, double cylinder hoist, 5-speed sion, 2-speed axle, extra rear end with tag axle. Also two 20-foot 2-wheel trailer, heavy duty. 484-1260.

1964 INTERNATIONAL pickup ton, heavy duty, new brakes, positraction, new sticker, runs excellent. 484-6584. 1973 CHEVROLET Super Cheyenne pickup. 4-wheel drive, short wheel base. Lots of extras.

Specially designed for the outdoorsman. 515 North Overland Trail. '51 FORD Pickup. Exceptionally good condition, newly painted $550. '68 Impala $650.

235 North McKinley. 493-5424. 1967 FORD standard transmission, V-8, with shell camper, new tires, snows and chains, low mileage, 493-1295 after 5 p.m. '70 SPORT Van Camper, E-242 model, completely equipped, stove, refrigerator, water, storage, sleeps two, V8, and 42,000 miles, excellent condition, $2600. 1-669-0770.

PASTOR MOTORS-1974 Chevrolet LUv, economy pickup, 3800 miles, S164, $2775, 2849 South College. MUST SELL 1974 Chevrolet ton Camper Special, loaded. Save approximately $900. 482-0374. Public Notice IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO.1 STATE OF COLORADO NOTICE Pursuant to CRS 1963, 148-21-34(h), As Amended, YOU ARE HEREBY NOTIFIED that the following is the Findings of Fact, Conclusions of Law and Judgment, and the Amended Rules and Regulations of the State Engineer approved March 15, 1974 Case No.

W-7209, W-7232, W-7249, W-7289, W-7290, W-7295, W-7296, W-7298 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT IN THE MATTER OF THE PROPOSED RULES AND REGULATIONS GOVERNING THE USE, CONTROL AND PROTECTION OF SURFACE AND GROUND WATER RIGHTS LOCATED IN THE SOUTH PLATTE RIVER AND ITS TRIBUTARIES All references to statutes herein refer, without specific designation to the Colorado Revised Statutes. FINDINGS OF FACT 1. These proceedings concern Rules and Regulations adopted by C. J. Kuiper, State Engineer of Colorado on the 16th day of November, 1972 to become effective February 19, 1973, The Rules and Regulations apply to the waters of the South Platte River and its tributaries, 2.

Evidence was presented to the Water Court June 4 through 7 and June 11 through 14, October 29 through 31 and November 1,5 and 6 of 1973. Of the parties bound by these proceedings a fairly representative cross section has been active through numerous competent counsel supported by well in. formed engineering advisors. At a time when no party to these proceedings was foreclosed from placing further evidence before the Court, the active parties submitted suggestions for a final judgment herein and have stipulated and agreed, under the supervision of the Court, to these Findings of Fact, Conclusions of Law and Judgment. 3.

All protests were consolidated for trial with relevant objections to the consolidation noted and reserved. In the interest of justice and to simplify proceedings under these protests, all oh. jections to the consolidation of these protests were overruled and the protests were consolidated for trial. 4. During the pendency of the proceedings before this Court various parties made various motions.

The Court reserved ruling upon certain motions and the admissibility of certain matters of evidence to permit making a complete record in this complex and highly technical proceeding. 5. Ground waters in the alluvium underlying the drainage basin of the South Platte River and hydraulically connected with its surface streams are a part of the river system, and removals either from the surface portion of the system or the underground portion of it, decrease water available in the whole system. A historical background is necessary to an un. derstanding of the derivation of the final determinations herein.

Until some thirty years ago, only limited diversions were made of the ground waters and nearly all diversions were made from the surface waters of the Platte River system. Until 1965, there was practically no ad. ministration by the State Engineer's office of groundwater diversions while surface water diversions were generally ad. ministered according 10 priority. The Office of the State Engineer, in regulating diversions of various appropriators, endeavored to curtail or shut down junior diversions to the extent necessary to provide water supply needed for beneficial use by senior appropriators.

To facilitate this work, the State Engineer had access to records of surface stream flows at various strategic places in the Platte River system. From experience gained in administration, the State Engineer operated according to practices which were the equivalent of regulations, which were well understood in his office, and, whether written or not, were acquiesced in by appropriators of water in general. 6. It has been the long practice of the State Engineer in administering appropriations by diversion from surface streams to take into account the time it takes for water to flow along surface streams. When surface stream flows are diminished so that curtailment of upstream diversions becomes necessary to provide water for downstream senior appropriators, the timing and amount of curtailment is ordered on the basis of the well known velocities of flow in the various surface streams 7.

The evidence shows that in recent years the Office of the State Engineer has become increasingly familiar with the characteristics of flow of the ground water part of the South Platte River system. His office has undertaken extensive studies of that ground water flow which is at such a slow rate the administration of ground waters is more intricate and requires greater skill and expertise for proper administration. 8. There is evidence that ground water diversions, junior in time and in right to surface appropriators, have resulted in reduction of surface supplies of water which might otherwise have been available to senior surface appropriators. Sufficient facts exist to support the conclusion that a reasonable lessening of material injury to senior appropriators will be accomplished by the proper regulation of diversions by means of wells.

The extent that diversions by means of wells shall be regulated to accomplish this reasonable lessening is provided for herein. 9. There are periods of many years when there is an over -abundance of water in the surface portion of the South Platte River system and that over abundance, together with return flows from beneficial uses, charge and recharge the ground water aquifer of the Platte River. The ground water of the Platte River constitutes a slowly moving body of water, much of which is below the influence of plant transpiration and evaporation. Much of said ground water is susceptible of diversion and application to beneficial use upon imposition of conditions necessary tc protect senior rights.

10. The Office of the State Engineer offered evidence that it has developed a set of measurements of the physical charac. teristics of the ground water aquifer to calculate wisen diversions from the ground water aquifer by junior appropriators are. or may be expected to be injurious to senior appropriators. 11.

The time of impact of ground water diversions on the surface stream varies according to varying conditions including the distance of ground water diversion from the surface of the stream, the volume and duration of the diversion, and the elevation of the water in the ground water aquifer at the time the diversion is made. Ordinarily, river conditions are such that provision can be made by the ground water appropriator to provide to seniors the amount of any deprivation due to ground water diversions. Because of the time lag between a ground water diversion and its impact on surface water users, conditions may arise such that a potential injury to surface diverters may not actually occur, but the burden of assuring that there will be no injury to the senior appropriator must fall on the junior appropriator. 12. The evidence shows that the method described in the treatise by Robert E.

Glover entitled "The Pumped Technical Bulletin 100, Colorado State University is one of the generally accepted methods of calculating any depletion needed to be replaced in order to avoid injury to a senior exercising a valid call. The evidence also showed, that because the method (which is sometimes referred to as the "Glover formula') is based on certain assumed factual idealizations, expert judgment must be exercised in its plication to account for certain variations from these limiting assumptions. Other methods may be more accurate for solution of the problem in a particular case. 13. The proceedings herein show that this Court has jurisdiction of all water users in Water Division and, whether present or not, all such water users are bound by the actions of the Court herein.

The evidence shows that the factual determinations relied upon herein are the subject of some uncertainty, and that judgments required 10 be made by the Division and State Engineers in the enforcement and application of these Amended Rules and Regulations could potentially adversely affect the rights of parties hereto. It is necesary, however, to proceed with regulation on the best basis currently possible. Due to the anticipated complexity of the application of the Amended Rules and Regulations to particular fact situations, Jurisdiction should be retained. CONCLUSIONS OF LAW 14. By Section 148-11-22(1), the legislature provided that the State Engineer, in the distribution of water ac- Thursday, March 28, 1974 Fort Collins Coloradoan 29 Want Ad Rates Deadlines BANKAMERICARD master INTERBANK CARD: USE YOUR MASTER CHARGE OR BANKAMERICARD CLASSIFIED READER ADS 4:30 p.m.

day before 4:30 p.m. Friday for Sunday 11:30 a.m. Sat. for Monday MINIMUM CHARGE IS FOR 15 WORDS NEW RATES EFFECTIVE APRIL 1, 1974 1 Day a word 2-3 consecutive days 28' a word 4-6 consecutive days 35' a word 7-10 consecutive days 55' a word 19 days to a month $1.25 a word CLASSIFIED DISPLAYS 11 a.m. Monday for Wednesday 11 a.m.

Tuesday for Thursday 11 a.m. Wednesday for Friday 2 p.m. Thursday for Sunday 11 a.m. Friday for Monday 2 p.m. Friday for Tuesday In the interest of accuracy please submit your copy well in advance of published deadlines.

Minimum Service Charge $1 Ads keyed to Coloradoan Box Number-Handling Charge, replies picked up, $1. Replies mailed, $2. CANCELLATIONS: Please observe the above deadlines. Check Your Ad The Coloradoan assumes responsibility for ONLY 1 incorrect insertion of any ad. Please read your ad and call any correction to the Want Ad Department before 9 a.m.

the next day. Fort Collins Coloradoan Phone 482-7800 145 East Mountain Ave. P.O. Box 1577 Fort Collins, Colo. 80521 OFFICE HOURS: Weekdays 8 a.m.-5 p.m.

Saturdays 8 a.m.-Noon 240 Autos for Sale 1966 CADILLAC 4-door hardtop, air conditioning, excellent condition throughout, $595. After 5 p.m. 482-1339. BEAUTIFUL 1972 Chevrolet Monte Carlo, automatic, power steering, factory air, $2995. 482-1339.

WE BUY and sell good used cars. Phone George's Auto Repair, 482-6933. 1965 MUSTANG, great shape. Six-cylinder, 22. miles-gallon minimum.

Burgundy, black vinyl top. Trailer hitch. $475. 482-9559. PASTOR MOTORS 1972 Pinto Runabout, 3-door, low mileage, clean, $163, $2695, 2849 South College.

'67 VW Bug. Good mechanical condition. $850 or best offer. 801 Smith after 5 p.m. DUNE BUGGY -Blue, yellow, Corvair engine, bus transaxle, gas heater, fullyequipped, excellent condition.

484-8986. 1962 FAIRLANE 500, new V-8, 4V, 4-speed, 19 miles gallon, many extras, must sell $275. 1965 Dodge Coronet 500, V-8, automatic, miles-gallons, very good condition $325. 493-4704. 1973 CHEVY Caprice Estate Wagon.

New tires, full power, factory air and all other options. Sell for balance of 22 payments. 484-2063 after noon. 1967 BUICK LaSabre, good condition. Need money for tuition.

$500 or best offer. Mary, 491-3471. 1961 THUNDERBIRD Classic convertible Sportster with toneau fiber glass seat cover, white with red interior, excellent condition, 42,000 miles 1-667-7728. Make offer. '67 VOLKSWAGEN Squareback, new paint, Michelins, radio and heater, excellent, $1050 or best offer.

491-2692. '68 ENGLISH Ford Cortina, 25 miles-galIon, 1600 GT; starter, generator, battery replaced. $495. 482-9222. '70 MUSTANG, V-8, stick, sparkling white, $995.

Number 3004. Auto Sales, 2800 North. U.S. 287. 484-8084.

1972 VEGA, LOW mileage. Call after 3:30, 493-5245. '72 VEGA, Kammback, extra sharp, 895. Number 3002A. and Auto Sales, 2800 North U.S.

287. 484-8094. 1967 FORD WAGON, clean family car. Not a cheap car, but a bargain value. 482-6596.

250 Trucks for Sale TRUCKS KELLY'S 735 Lemay 1965 MACK DIESEL at A good $4250 buy 1963 DODGE 2 TON motor 5-speed, 318, rebuilt $1595 1960 REO DIESEL 220 Cummings, truck at A good $2295 1965 FORD F600 2-speed, 5-speed. $1695 16 Ft. Beet Bed and Hoist 1-TON '55 CHEVY FLAT BED $395 1-TON DUAL WHEEL CHEVY 1959. for parts as is $195 'STUDEBAKER 2 TON 1959 Truck for parts. Only $175 8-Ft.

FLATBED for 1-ton truck $75 1948 CHEVY 1-TON $195 1958 GMC 1 TON Parts only. Wrecked $175 1959 REO 6 CYLINDER MOTOR parts 4-speed, only trans, $175 20 TON WINCH with 2-way poles. power Only take off, Gin $395 10x20, FT. SEMI TRAILER. $795 Some 2-speed rear ends for trucks, transmissions for pickups and trucks, 4 tail gate lights.

KELLY'S 735 Lemay 484-4012 ondary Education Act and a number of special programs for adults, migrants, Indians and handicapped children. It was passed Wednesday 380 to 26. Rep. Carl D. Perkins, manager of the bill, opposed addition of the antibusing measures and said they could lead to its defeat in the Senate.

The amendment aimed at limiting busing would require the courts to try a number of alternatives to overcoming school segregation before ordering busing. And then busing would be limited to the next closest school to the pupil's home. The amendment provides that any school district now under a court busing order could petition to have its case reto bring its desegregation plan into conformity with the new law. Ill juror causes mistrial in narcotics case District Court Judge Dale E. Shannon today declared a mistrial in a narcotics case after one of the jurors became ill and had to be excused from duty.

Shannon rescheduled for Aug. the trial of Russell Allen Getelman, 26, and 27-year-old Patricia Wenzel, who were arrested last Oct. 29 by sheriff's narcotics officers. Jury selection in the case was concluded Wednesday. When it was learned this morning that a woman juror could no longer serve because of illness, the judge declared a mistrial.

The defendants are facing charges of possession of narcotics for sale and criminal conspiracy. About a pound of suspected marijuana was seized in the arrest. 5 boys arrested in burglary case Five boys were in custody at County Jail this morning following their arrest Wednesday night for investigation of lary. The boys were arrested after a burglary at the home of David Mark Hamilton of 2532 East County Road 50. Hamilton reported that his house had been entered at about 9 p.m.

and sheriff's deputies found tracks in a field outside the house. On information from Hamilton, deputies picked up three juvenile suspects in a car that was stopped along Summit View Lane. Two other youths were arrested by the Fort Collins police at Vine Drive and College Avenue at about 11 p.m. Authorities recovered several items of property believed taken in the burglary. 3-year-old killed when hit by tractor GYPSUM, Colo.

(AP) Jay Calvin Collins, 3, died of injuries suffered when he was hit by a tractor Wednesday at a slaughter ranch four miles south of here, the State Patrol reported. The patrol said the driver of the tractor, Calvin Collins, 46, did not see the child and backed over him. The child was dead at the scene. John Martin named to Mesa dean's list John L. Martin of Fort Collins has been named to the dean's list for winter quarter at Mesa College in Grand Junction.

He was among 174 students so honored. Public Notice NOTICE OF HEARING ON PETITION TO INCLUDE CERTAIN LANDS IN NORTHERN COLORADO WATER CONSERVANCY DISTRICT Notice is hereby given that a petition has been tiled with the Board of Directors of Northern Colorado Water Conservancy District for inclusion within the District of certain land hereinafter described; and that the nanie of the petitioner is: PETITIONER United States Bureau of Reclamation DESCRIPTION A parcel of land located in the NEW of Section 30, Township 5 North, Range 72 West, Larimer County, beginning at a point known as USBR angle point, A.P. 46, (approximately 1200ft north of the center of Section 30); thence, north approximately 500ft to the south shoreline of Lake Estes; thence generally southeast along the shoreline of Lake Estes approximately 1600ft to a point, which point lies on a line bearing S. 80921' W. from A.

P. 46 the point of beginning, containing approximately 10 acres. That in said petition, Petitioner prays for inclusion of the land, hereinabove described, within Northern Colorado Water Conservancy District. All persons interested are hereby notified to appear before said Board of Directors at the office of the District, 1250 North Wilson Avenue, Loveland, Colorado, on the 5th day of 10:00 of April, A.D. 1974, at the hour o'clock A.M.

and show cause in writing, if should not any they have, why said petition be granted. E. F. Phipps Acting Secretary of Board (SEAL) Fort Collins Coloradoan, 63-G, March 20, 28, April 4, 1974. Perkins told the House "we are just fooling ourselves" if the members think they can prevent the courts from applying whatever remedy they think proper in cases of unlawful segregation.

The other amendment, offered by Rep. John M. Ashbrook, R-Ohio, would prevent local school authorities from using federal funds to buy buses or pay any other costs connected with busing to carry out a desegregation plan. Public Notice NOTICE OF HEARING ON PETITION TO INCLUDE CERTAIN LANDS IN MUNICIPAL SUBDISTRICT NORTHERN COLORADO WATER CONSERVANCY DISTRICT Notice is hereby given that a petition has been filed with the Board of Directors of Municipal Subdistrict, Northern Colorado Water Conservancy District for inclusion within the Subdistrict of certain land hereinafter described; and that the name of the petitioner is: PETITIONER United States Bureau of Reclamation DESCRIPTION A parcel of land located in the NEW of Section 30, Township 5 North, Range 72 West, Larimer County, beginning at point known as USBR angle point, A.P. 46, (approximately 1200ft north of the center of Section 30); thence, north approximately 50011 to the south shoreline of Lake Estes; thence generally southeast along the shoreline of Lake Estes ap approximately 1600ft to a point, which point lies on a line bearing S.

W. from A.P. 46 to the point of beginning, containing ep. proximately 10 acres. That in said petition, Petitioner prays for inclusion of the land hereinabove described, within Municipal Subdistrict, Northern Colorado Water Conservancy District, All persons interested are hereby notified to appear before said Board of Directors at the office of the District, 1250 North Wilson Avenue, Loveland, Colorado, on the 5th day of April, A.D., 1974, at the hour of 2:00 o'clock P.M., and show cause in writing, any they have, why said petition should not be granted, E.

F. Phipps Secretary of Board SEAL) Fort Collins Coloradoan, 64.0, March 20, 28, April 4, 1974. NOTICE OF BOND SALE POUDRE SCHOOL DISTRICT R-1 LARIMER COUNTY, COLORADO GENERAL OBLIGATION BUILDING BONDS SERIES $3,850,000 SALE DATE: APRIL 11, 1974 NOTICE IS HEREBY GIVEN, that the Board of Education of Poudre School District R-1, Larimer County, Colorado, will, on Thursday, the 11th day of April, 1974, at the hour of 10:00 o'clock A.M.. Mountain Daylight Time, at the School, Administration Office, 2407 La Porte Avenue, Fort Collins, Colorado, publicly open sealed bids for $3,850,000 of General Obligation Building Bonds, Series of said District, said bonds being the remaining part of a total of $18,550,000 authorized at an election held October 14, 1969. Said bonds will be dated April 15, 1974, designated Series will be in the denomination of $5,000 each, numbered 1 10 770, inclusive, and will mature serially October 15, as follows: Amount Maturity 50,000 1975 and 1976 100,000 1977 and 1978 150,000 1979 10-1981, Incl.

200,000 1982 10 1985, Incl. 250,000 1986 to 1993, Incl. 300,000 1994 Bonds maturing in the years 1985 and thereafter will be callable for redemption prior to maturity at the option of the District on October 15, 1984, and on any interest payment date thereafter, in in. verse numerical order, at par and accrued interest. Said bonds shall bear interest at a rate or rates not to exceed per annum, to be evidenced by one set of coupons only, payable October 15, 1974 and semiannually thereafter on the 15th day of April and the 15th day of October each year.

For poses of this bond sale "zero' (0) shall not be taken or considered to be a "rate of interest." No more than one interest rate per maturity should be bid. Bidders shall specify interest rates in multiples of twentieths or eighths of one per cent, with maximum spread between interest rates of Principal and interest shall be payable at the office of the County Treasurer of Larimer County, in Fort Collins, Colorado. Sealed bids should be submitted to the Secretary of the District, School Administration Office, 2407 La Porte Avenue, Fort Collins, Colorado, and en. velopes should be marked "Sealed Bid Building Bonds." The formal award of said bonds, if proper bids are received, will be made at a special meeting of the Board to be called within 24 hours of the opening of the bids. All bids must be accompanied by a certified or cashier's check on a bank or trust company, in the amountof $80,000, payable to the Treasurer of said District, the amount of the check of the successful bidder to be held by the District as liquidated damages if the bonds are not taken up and paid for promptly in ac.

cordance with the terms of the bid. Checks tendered by unsuccessful bidders will he returned promptly. Said bonds shall not be sold at less than par and accrued interest to the date of delivery thereof. The rights of the Board of Education of said School District to reject any and all bids, and to waive any defect appearing in any bid, are hereby specifically reserved. Subject thereto, the bonds will be awarded to the bidder naming the lowest net interest cost to the District.

For purposes of this bond sale the term "Net Interest Cost" is defined as the total or gross amount of interest to accrue from the date of the issue to the respective dates of maturity, without regard for the prior redemption date, less the amount of cash premium. bid, if any. Any premium bid shall be paid to the District as a part of the purchase price in Federal Funds as hereinafter defined. The bonds are expected to be delivered within sixty (60) days from the date of sale. The successful bidder shall make final payment for the bonds at any bank or trust company in Denver, Colorado, with Federal Funds (funds available to the District in Denver, Colorado the same day for immediate reinvestment).

For information purposes, bidders are requested to state (A) the total net interest cost, in dollars and cents, to the District, and (8) the net effective interest rate in the stated per centum. The legality of the bonds will be approved by Messrs. Tallmadge and Tallmadge, Attorneys at Law. Denver, Colorado, whose opinion, which will be printed on the bonds, together with the printed bonds, will be furnished to the purchaser without charge. Additional information on this issue may be obtained from Boettcher and Company, 820 17th Street, Denver, Colorado 80202; the First National Bank, Fort Collins, Colorado: or from the Secretary of the District at the School Administration Office, 2407 La Porte Avenue, Fort Collins, Colorado 80521.

BY ORDER OF The Board of Education ol Poudre School District R-1. Larimer County, Sate of Colorado, this 25th day of March, 1974. Eygene E. Mitchell President (SEAL) ATTEST: A. Porter, Secretary Fort Collins Coloradoan, 100-G, March 1974.

cording to priority, "shall adopt such rules and regulations and issue such orders as are necessary for the performance Of his duties in distributing water. In Fellhauer vs. People, 167 Colo. 320, 447 P.2d 986 (1968), the Supreme Court held that the State Engineer could not regulate wells in the absence. of written rules anc regulations and prescribed guidelines.

Ir 1971, by an amendment to Section 148-21-34 the legislature made its intention clear in this regard by repealing 148-11-22(3) and repealing and amending 148-11-22(1) and (2) as set forth in 148-21-34, 148-21-35 and 148-21-36 in the 1969 Water Adjudication and Administration Act. The mandatory word was removed and now the last sentence of 148-21-34(1) provides "the State Engineer may adopt rules and regulations to assist in, but not as a prerequisite to, the performance of the foregoing duties." Sections 148-21-34, 35, and 36 when together now indicate that such a proceeding as this, pursuant to a protest filed in this Court, is not for the purpose of suspending the obligations of the Office of the State Engineer to "order the total or partial discontinuance of any diversion to the extent the water being diverted is required by persons entitled to use water under water rights having senior 148-21-35(2), but to assure that rules and regulations be consonant with the basic requirement. for implementing the priority system among all appropriators. 15. The State Engineer has the continuing obligation to administer the water supply which is under his jurisdiction and to issue appropriate orders to effectuate such administration whether or not he has adopted rules and regulations to assist him in the performance of his duties.

The "Amended Rules and Regulations" at. tached hereto are in full force and effect from and after the signing of this decree because stipulated to herein, without prejudice to a further determination with respect thereto If required pursuant to protest hereatter filed following their publication as required by law. Administration of the water of the South Platte River pursuant to the Amended Rules and Regulations attached to this decree will be in accordance with the order of this Court dated August 11, 1972 in Case No. W-6958. 16.

The legislature has made special provision for integrating ground and surface water use by 148-21-23. In apparent recognition that augmentation plan approval before the Courts may take a considerable time, the legislature specifically provided by 148-21-(3) (148-21-23(4)) in 1971 Session Laws.) that "until the determinations shall have been made under subsection (2) state engineer and division engineers shall develop temporary augmentation allow continuance of existing uses and to assure maximum beneficial utilization of the waters of this state." Unless water users file augmentation proceedings in the Water Court, the State Engineer may not hereafter authorize temporary plans of augmentation. 17. The Protestants contend that the "Proposed Rules and Regulations" dated November 16, 1972, which are the subject of this proceeding, are not proper as a matter of law; however, as a result of this stipulation to amend the Rules and Regulations it is not necessary to decide this issue. NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 18.

The separate protests to the rules and regulations of the State Engineer have been consolidated for trial, and the protections accorded by the Rules of Civil Procedure in the consolidated action are preserved for each party. 19. All requests for rulings by the Court, other than objections to evidence, which were not otherwise formally rules upon are hereby denied. 20. All objections to evidence not otherwise formally ruled upon are hereby denied, and all evidence submitted herein except as formally excluded is admitted.

21. The Amended Rules and Regulations of the State Engineer attached hereto have been agreed to by virtue of the stipulation of the parties participating in this proceeding and are hereby approved. Said Amended Rules and Regulations are ef. tective herewith and shall remain in effect unless moditied or amended in accordance with law. The said Amended Rules and Regulations shall be published as provided by statute, but shall remain in effect during the period of said publication and during the pendency of any protest.

22. Plans for augmentation involving ground water diversions from the South Platte River and its tributaries hereafter filed before this Water Court should utilize the facts and determinations developed in these proceedings to facilitate the administration of water in Water Division One. The method sometimes called the "Glover formula," as described in the treatise by Robert E. Glover and entitled "The Pumped Well," Technical Bulletin 100, Colorado State University, may be used for the purpose of calculating replacement water necessary to make up for depletions caused by diversions of ground water to comport with current practices in the Office of the State Engineer. However, some another appropriate method may be used.

Such plans should also provide for meeting the other requirements of this decree. 23. To avoid a deprivation of water to some senior appropriator ground water appropriator, shall make replacement water available for delivery as reasonably required by the Division Engineer, in a quantity, during a period, and at a place so as to prevent a deprivation of water to a senior appropriator caused by such ground water diversion. The Division Engineer shall use valid senior water calls as the normal criteria for requiring such replacements. In applying the terms of this paragraph, it is expected that the Division Engineer will be mindful of all applicable law without overlooking that part of 148-21- 34 which reads: (1) "11 is the legislative intent that the operation of this section shall not be used 10 allow ground water withdrawal which would deprive senior surface rights of the amount of water to which said surface rights would have been entitled in the absence of such ground water withdrawal, and that ground water diversions shall not be curtailed nor required to replace water withdrawn, for the benefit of surface right priorities, even though such surface right priorities be senior in priority date, when assuming the absence of ground water withdrawal by junior priorities, water would not have been available for diversion by such surface right under the priority system." 24.

This Court shall retain continuing jurisdiction under these consolidated cases for the purpose of providing an immediate hearing to review the validity of a call, or requirement for providing replacement water, the approval or disapproval of temporary augmentation plans, findings of the Division Engineer pursuant to Rule 2(h) of the Amended Rules and Regulations stipulated to herein, or any other matter contained within the said Amended Rules and Regulations. 25. The Amended Rules and Regulations of the State Engineer, stipulated to by the parties hereto and attached to this decree, shall be published as provided by law, and all persons affected by any amendment contained in the Amended Rules and Regulations stipulated to herein other than any party hound by the stipulation herein shall have their statutory right to protest. 26. This order does not constitute an injunctive order, but this proceeding may be used, after appropriate notice, as the basis for securing any appropriate injunctive order.

No damage occurring prior 10 issuance of such an injunction shall be the basis for damages, costs or attorneys fees referred to in '63 C.R.S. 148-21-37. 27. Since this is an action in rem, all who could have participated are bound by this order, judgment and decree. DONE IN OPEN COURT this 15th day of March, 1974.

Donald A. Carpenter Judge Water Division AMENDED RULES AND REGULATIONS OF THE STATE ENGINEER IN THE MATTER OF THE RULES AND REGULATIONS GOVERNING THE USE, CONTROL, AND PROTECTION OF SURFACE AND GROUND WATER RIGHTS LOCATED IN THE SOUTH PLATTE RIVER AND ITS TRIBUTARIES Pursuant to authority vested in the Office of the State Engineer, the State Engineer, hereby, FINDS, that on November 16, 1972 the State Engineer ordered that Rules and Regulations for the South Platte River were to become effective on February 19, 1973. As a result of protests to those Rules and Regulations and upon the basis of subsequent proceedings in the Water Court for Water Division those Rules and Regulations are hereby amended and changed to read as reproduced below. The said Amended Rules and Regulations are adopted and shall become effective as of the 16th day of March, A.D., 1974, and shall remain in full force and effect unless changed or amended as provided for by law. "AMENDED RULES AND REGULATIONS" RULE 1.

Except as specifically noted below, these Rules and Regulations shall apply to all underground water of the South Platte River and its tributaries as defined in Colo. Rev. Stat. Ann. 1963, Sec.

3(4) (Supp. 1969), and reproduced below, as follows: (4) as applied in this act for the purpose of defining the water of a natural stream, means that water in the unconsolidated alluvial aquifer of sand, gravel, and other sedimentary materials, and all other waters hydraulically connected thereto which can influence the rate of direction of movement of the water in that alluvial aquifer or natoral stream. Such "un. derground water" is considered different from "designated ground water" as defined in 148-18-2 (3). These Rules and Regulations shall not apply to water withdrawn from wells, such as domestic and livestock wells, which are exempted from administration under Colo.

Rev. Stat. Ann. 1963, Sec. 148-21-45 (Supp.

1972), and these Rules and Regulations shall not apply to water withdrawn from wells which are exempted from ad. ministration by Court decree or statute. RULE 2. (a) Ground water diversions will be continuously curtailed according to the following schedule to provide for a reasonable tessening of material injury to senior appropriators: (1) During the Calendar Year 1974, five sevenths of the time; (2) During the Calendar Year 1975, six. sevenths of the time; and (3) During the Calendar Year 1976, and thereafter, total curtailment.

Pumping shall be permitted on every Monday and Tuesday of each week in 1974 and on every Monday of each week in 1975. The Division Engineer shall administer this rule so that the operator of a well, or wells, may have a cycle of operation to make more efficient use of the water available; provided, that senior appropriators are not materially injured thereby. (b) Ground water diversions shall be curtailed as provided under part (a) hereof unless the ground water appropriator submits proof to the Division Engineer and upon the basis of that proof the Division Engineer shall find: (1) That the well is operating pursuant to a decreed plan of augmentation, that the well is operating pursuant to a decree as an alternate point of diversion, or that a change in point of diversion to the well has been decreed for a surface water right; or (2) That the ground water ap. propriation can be operated under its priority without impairing the water supply to which a senior appropriator is entited, or (3) That the water produced by a well does not come within the definition of underground water in RULE 1. RULE 3.

Any ground water appropriator affected by these rules and Regulations may use a part or all of the water diverted without regard to curtailment described in RULE 2(a) to the extent his ground water diversion is in compliance with a temporary augmentation plan approved by the Eivision Engineer in accordance with Colo. Rev. Stat. Ann. 1963, Sec 148-21-23(4) and where there is a plan for augmentation filed in the Water Court in accordance with Colo.

Rev. Stat. Ann. 1963, Sec. 148-21-18 (Supp.

1971). The Division Engineer will promptly approve or disapprove such temporary augmentation plans submitted to him. The guidelines for any such tem. porary augmentation plan will be expected to meet at least the following criteria: (1) That replacement water for stream depletion shall be made available to the Division Engineer in an amount equal to 5 per cent of the projected annual volume of a ground water diversion, and may be used by him at a rate of flow sufficient to compensate for any adverse effect of such ground water diversion on a lawful senior requirement, as evidenced by. a valid senior call, but at a rate not exceeding of the capacity of the diversion structure.

(2) Such capacity shall be determined by Court decree, if adjudicated, by application for a water right, if filed in the Water Court, by well permit, or by registration. If none of these means of determination is available, the capacity will be the maximum pumping or delivery rate, which must be substantiated by the appropriator. (3) The operation of the temporary augmentation plan shall not be used 10 allow ground water withdrawal which would deprive senior surface rights of the amount of water to which said surface rights would have been entitled in the absence of such ground water withdrawal, and ground water diversions shall not be curtailed nor required to replace waten withdrawn, for the benefit of surface right priorities, even though such surface right priorities be senior in priority date, when, assuming the absence of ground water withdrawal by junior priorities, water would not have been available for diversion by such surface right under the priority system. RULE 4. Whenever the Division Engineer is satisfied, upon the basis of competent evidence, that operation of a temporary plan of augmentation pursuant to RULE 3 (1) will not meet the requirement of RULE 3 (3) above, modification of the plan will be undertaken by reference to criteria as follows: (1) The stream depletion caused by a well will be calculated by the method shown in "The Pumped by Robert E.

Glover, Technical Bulletin 100, Colorado State University or by other accepted engineering formulae appropriately modified to reflect the pertinent physical conditions. (2) The transmissivity value will be obtained from the U.S. Geological Survey Open- File Reports, Hydrogeologic Characteristics of the Valley- Fill Aquifer in the South Platte River Valley, Colorado, 1972, or from updated editions, or from calculations using accepted engineering methods. (3) The specific yield or effective voids ratio generally descriptive of the material in the aquifer will be assumed to be twenty per cent or a different value may be used when it can be substantiated generally or as to any particularly area or situation. (4) The consumptive use, for irrigation purposes will be assumed to be forty per cent of the total quantity pumped for irrigation uses, subject to modification upon proof that a different consumptive use situation exists with respect to a particular diversion.

For uses than irrigation, the amount will be determined from the actual conditions. DATED this 15th day of March, 1974. C. J. Kuiper, State Engineer Lois Bohlender Clerk, Water Division No.

1 P. O. Box 789 Greeley, Colorado 80631 Fort Collins Coloradoan, 78-G, March 28, 1974 NOTICE TO CREDITORS Estate of BURR C. BROWN (Deceased) No. 10759.

All persons having claims against the above named estate are required to file them for allowance in the District Court of Larimer County, Colorado, on or before the 8th day of September, 1974, or said claims shall be forever barred. UNITED BANK OF FORT COLLINS, N.A, By Eric A. Peterson Trust Officer Executor of said Estate RIFFENBURGH, NELSON PORTER By: Waldo Riffenburgh, Attorney Fort Collins Coloradoan, 31-G, March 7, 14, 21, 28, 1974, NOTICE OF FINAL SETTLEMENT Estate of MARY JANE Thompson. (Deceased) No. 10248.

Notice is hereby given that I have filed final report in the District Court of my County, Colorado, and that any Larimer person desiring to object to the same shall tile written objection with the said court on or before April 30, 1974. Florence Lucille Groth Executrix of said Estate Hill and Hill Alden T. Hill Attorney Fort Collins Coloradoan, 99-G, March 28, April 4, 11, 18, 1974..