Id. Meangreen, is there a wait list to join? Moreover, how long is the path around windsor lake? members. It found that the requested change described uses "necessary and incidental" to the diversion and storage of water for the purpose of irrigation, that the requested change would not result in any enlarged use of the decrees, and that the change would produce no material injury to other appropriators on the South Platte River. 315 U.S. at 271, 62 S. Ct. at 532 (emphasis appearing in Great Northern). [19] The cited statute, as now codified at 43 U.S.C. 71 Colo. at 262, 206 P. at 395 (emphasis added). [8] The irrigation company in Kern River had used the land obtained pursuant to the 1891 Act for the sole purpose of electric power generation. Thus, an action for determination of a water right or a change of water right, each of which concerns the right to use of water, is a water matter within the exclusive jurisdiction of the water judge. The construction of instruments of grant or conveyance and the identification of the legal rights transferred and retained pursuant to such instruments are matters traditionally within the jurisdiction of the district courts of this state even when construction of an instrument will have an incidental impact on the use of water on the land. 1761 (1988)). Empire Reservoir is approximately 2,486 sq acres (10 sq km) in size. The conclusion that the District holds an easement rather than a limited fee does not end our inquiry. Ch. Humphrey, 734 P.2d at 641. Do they allow surfing with lots of ballast? The 1891 Act provided for grants of rights of way "to any canal or ditch company formed for the purpose of irrigation." [12] We acknowledge that the 1875 Act construed in Great Northern contained a provision not present in the 1891 Act, described as follows in Great Northern: Section 2 adds to the conclusion that the right granted is one of use and occupancy only, rather than the land itself, for it declares that any railroad whose right of way passes through a canyon, pass or defile "shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located.". The Landowners own property adjacent to and underlying portions of the reservoir. [5] The provision was amended in 1917 to add "or drainage district" after "canal or ditch company," ch. Ch. These cases are consolidated for issuance of a single opinion to resolve a dispute over recreational use of Empire Reservoir between Bijou Irrigation District ("District"), the entity organized to administer water appropriated and stored in the reservoir, and private parties who own land underlying the reservoir ("Landowners"). The scope of the District's rights as defined by the easement's nature and purpose necessarily includes construction and maintenance of the reservoir and storage of water appropriated for irrigation. Empire Reservoir is located in the Colorado counties of Weld and Morgan. We refer to this case, no. Empire Reservoir is a large member-only lake located in Morgan County, Colorado.. Show More. Under these circumstances, we believe that the District was precluded from obtaining a change of its water storage rights in Empire Reservoir to recognize the additional and incidental use of the water for recreational and piscatorial purposes. Membership: Update Lake/River . Specs: 14 RV sites, 8 tent sites water, flush toilet, open year-round, Amenities: 20/30/50 amp service, flush toilets, showers, pond, beach access to Jackson Lake, Address: County Road 300, Weldona, CO 80653 (. [12] Although not controlling, we also find it persuasive that Department of the Interior regulations approved in 1900 (30 L.D. 836 (1942). The court found that recreational and piscatorial use would result in no enlarged use and that such incidental uses would not cause material injury to other appropriators on the South Platte River. Dist. 292, 2, 30 Stat. Empire Reservoir is located in Lake County, Colorado. Pub.L. In determining the nature and purpose of the District's easement, we look first to the language of the statute by which it was created. Estoppel requires "`(1) full knowledge of the facts; (2) unreasonable delay in the assertion of available remedy; and (3) intervening reliance by and prejudice to another.'" Membership price can be financed into monthly payments including dues at $99 per month with a 36 month agreement. See Part IIC of this opinion. [15] E.g., water diverted by exercise of a storage right must ultimately be applied to the beneficial use for which the water was appropriated. After approval of the map by the Secretary, and notation of such approval on plats in the Secretary's office, "all such lands over which such rights of way shall pass shall be disposed of subject to such right of way." Quarterly and bi-annual payments require 1-year agreement. Included are activities such as boating, hunting (no rifles, shotguns only), camping and great times with other members. I remember day after day of glass up there too. In the present case, the District wishes to put the water stored from time to time in Empire Reservoir to private use for recreational and piscatorial purposes. 561, 18, 26 Stat. Turn left onto Interstate 76 Business West, go 3.5 miles. Simply call 01858 438884 and they will set you up with a new VIP subscription or visit our website, here. Colorado Outdoor Sports wants to help you hunt and fish more and enjoy the great outdoors with your family. Follow Interstate 76 Business West to Colorado Highway 39 North, go 21.1 miles to County Road Y 5/10. Where, as here, objectors such as the Landowners assert that the owner of the water right cannot make the requested uses without impermissibly burdening the objector's own legal rights, we conclude that general principles of standing authorize the objectors to raise that limited challenge to the application. 37-92-103(5), 15 C.R.S. Follow Interstate 76 Business West to Colorado Highway 39 North, go 21.1 miles to County Road Y 5/10. out the page regarding information about you and your family. In support of this conclusion, the Court cited Rio Grande Western R. Co. v. Stringham, 239 U.S. 44, 36 S. Ct. 5, 60 L. Ed. Empire Electric Association 801 North Broadway P.O. Kern River Co., 257 U.S. at 153, 42 S. Ct. at 62. The evidence at the trial in the declaratory judgment action was that the reservoir water level varied widely during the cycle of filling the reservoir and discharge to meet irrigation needs. As Modified on Denial of Rehearing February 4, 1991. Post By: Ch00Chee Posted: 5/31/2011 10:58:01 AM Points: 62 So found this lake on my brother's iPhone while on the trip to Jackson and we got lost and took this road to highway 76. Nearby Lakes. Want to know more? Directions: From Ft. Morgan take Interstate 76 West Business 1.1 miles. man those where the days. Follow Interstate 76 Business West to Colorado Highway 39 North, take Exit 66A, go 13.3 miles. We have added more length with concrete to the Id. To download the entire new member application, click the file below. These hours are set up this way to maximize member use around the weekends, holidays, and overnight camping, and allow our team and staff to teach, ride, or play in privacy. 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If I had the kind of money I'd need, I would invest in Colorado water rights and wakeboarding properties. Read our detailed FAQs: Existing Spoiler Special Podcast subscriber FAQ, Bauer Consumer Media Ltd, Company number 01176085; Bauer Radio Limited, Company number: 1394141; Registered office: Media House, Peterborough Business Park, Lynch Wood, Peterborough PE2 6EA and H Bauer Publishing, Company number: LP003328; Registered office: The Lantern, 75 Hampstead Road, London NW1 2PL, All registered in England and Wales. We hold that Great Northern provides compelling authority for construction of the 1891 Act as authorizing grants of easements, not limited fees. (3) Priority No. I wanna say I've used my skier down flag twice out there in three years. 561, 21, 26 Stat. We have a concrete ramp but you can't see it yet because the water level is so high. Kern River, 257 U.S. at 150, 42 S. Ct. at 61. Kern River, 257 U.S. at 151, 42 S. Ct. at 61. The Avengers. 1101 (codified as amended at 43 U.S.C. [2] The water court recognized the same appropriation dates as specified in the original decrees and described the newly decreed uses as follows: The use of the waters stored in Empire Reservoir under the hereinabove described decrees for the incidental purpose of recreational and piscatorial purposes. Is. Don't miss Great Lakes Marine's 2017 Cobalt R7WSS. Youll gain access to our acclaimed Spoiler Special Podcast, providing a deep dive into all theessential film and TV releases in our world. Login to Leave a Review. Empower Retirement Plan Employee Login Need Help? See Handy Ditch Co. v. Greeley & Loveland Irrigation Co., 86 Colo. 197, 199, 280 P. 481, 481 (1929). 175 (1921). To speak with a representative regarding your account, contact us Monday - Friday between 6 a.m. - 8 p.m. Mountain time, and Saturdays between 7 a.m. - 3:30 p.m. Mountain time. *178 Brownstein, Hyatt, Farber & Madden, Wayne F. Forman, Denver, for defendant-appellee Violet L. Peterson. SHARE THIS PAGE. The rights of the Landowners, holders of the servient estate, are limited to conduct consistent with and not unreasonably interfering with the rights of the District as owner of the dominant estate. The extent of the Landowners' interests as owners of the servient estate is limited by the scope of the District's rights under its easement. As there is currently no direct contact or website for the reservoir, Empire Reservoir is near Fort Morgan. Big Game Membership Only fee is $750.00 per year, $300.00 of this amount applies to your first big game hunt each year. Empire Reservoir updated their address. Box K Cortez, Colorado 81321 (970) 565-4444 eea.coop Background Established in 1939, Empire Electric Association (EEA) is a member owned nonprofit rural electric cooperative, serving consumers in southwest Colorado and northeast Utah. Directions: Take Main Street .9 miles north, Continue onto Colorado Highway 52 East .3 miles, Turn right onto Curry Street, the park will be on the right. We agree. I am on the south aide of the lake by the slalom course. We reverse the judgment granting the change of water rights. <>>>
37-87-104(1), 15 C.R.S. (Can you tell we can't wait for the 2017 show??) Empire Reservoir is located in the Colorado counties of Weld and Morgan. Accordingly, the water court entered judgment granting the change of water rights,[2]*179 but expressly providing that the decree does not affect "any concurrent non-exclusive right which the underlying land owners may have to make use of the surface of the reservoir, or any part thereof, for recreational or piscatorial purposes." [18] The Landowners are asserting private rights, not public rights, and we have no occasion to determine the nature and extent of any public rights that may exist or be created for use of Empire Reservoir. Gale A. Norton, Atty. As far as the clubs I believe there is six clubs out there. This public purposes authorization is also subject to the dominant purpose of irrigation. Standard membership includes hunting (big game is additional reasonable fees), fishing and camping. Someone was talking about where to invest in another thread. Colorado is home to some of the best fishing the world. ])u\\%(l?^aA
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946 was repealed in 1976 with respect to public land administered by the Bureau of Land Management and land in the National Forest system. Our yurts offer unique lodging, spectacular views, intimate contact with the land and endless recreational opportunities. This result followed from the proposition that "the ownership of the bed of a non-navigable stream vests in the owner the exclusive right of control of everything above the stream bed, subject only to constitutional and statutory limitations, restrictions and regulations." How do I cancel auto renewal on Books-A-Million? View comparables on map. BIJOU IRRIGATION DISTRICT, Plaintiff-Appellant, Specs: 14 RV sites, water, restroom, open year-round, Amenities: Full hookups, 50 amp service, TV, Wifi, Address: 16466 US Highway 34, Fort Morgan, CO 80701 (. We won't even make you do the Truffle Shuffle!". [10] In Stringham, the Court stated that a legal interest granted by the 1875 Act "and similar acts is neither a mere easement, nor a fee simple absolute, but a limited fee, made on an implied condition of reverter in the event the company ceases to use or retain the land for the purposes for which it is granted, and carries with it the incidents and remedies usually attending the fee." 561, 18, 26 Stat. Drop a line if you are out there. Company - to maintain an acceptable level of water but the weather and heat of Timmy what club are you in. The Court noted that in 1871, in response to public disfavor, Congress discontinued its policy of granting land subsidies to railroads in favor of a grant of a mere "right of passage." There are three clubs, each manged separately. Honestly you'll be lucky to make it to mid june at where the levels are now, and most of the lake was done for by 4th of july last year. Probably won't need the wetsuit any longer. That's cool they have a space for you to leave a camper. 1101. majority ownership) 34,937 Riverside Reservoir 1 Riverside Irrigation District 65,008 1 0 Vancil Reservoir 1 7,000 Horse Creek Reservoir 1 Henrylyn Irrigation District 15,000 Prospect Reservoir 1 Henrylyn Irrigation . This site is protected by reCAPTCHA and the Google. includes any, missed endstream
By becoming an Empire VIP Club Member, youll get access to a raft of exclusive events, insider access to both Empire and the films we love, and curated discounts and prizes, helping you get more from the world of entertainment, all year round. Additionally, the language of the 1875 Act providing that disposition of lands over which a right of way shall pass shall be subject to the right of way is identical to a provision in the 1891 Act under which the District acquired its rights. In contrast, we have concluded that the private use of Empire Reservoir is inconsistent with the federal grant of a right of way for irrigation to the District. Empire Reservoir in Wiggins, Colo. Photo: camping near Fort Morgan and Jackson Lake. Some of the Landowners have sold commercial memberships for recreational use of the reservoir, and the District also has leased rights to private clubs for these purposes. The District's evidence suggested, however, that the principal precipitating cause of the litigation was the District's difficulty in obtaining liability insurance. Fort Morgan Co. Reservoir & Irrigation Co. v. McCune, 71 Colo. 256, 262, 206 P. 393, 395 (1922). February - vote on new members, notification of acceptance. The Landowners do not assert injury to any water rights of their own. Enclosed is a membership application to Also, to the extent stored water from in-basin sources escapes through seepage, the appropriator has no right to recapture it. The Morgan County District Court held that the District's interest in the land underlying the reservoir is an easement. The most popular species caught here are Largemouth bass, Rainbow trout, and Hybrid striped bass. Today fishing looks to be not very active with peak fishing times around 4-5 pm. Impoundment of water "for recreational purposes, including fishery or wildlife" is a beneficial use. We reverse the judgment of the water court granting a change of water rights to recognize a right in the District to make incidental use of its storage decrees for recreational and piscatorial purposes. All Big Game Hunts are reasonable extra fees, kids under 16 hunt Does and Cows for free. I belonged to Standley Lake for a copuple of seasons and I found the weekends were pretty crowded. v. 5 Baths. Barnard v. Gaumer, 146 Colo. at 412, 361 P.2d at 780. Just like any other lake we abide by coast guard regs. 5 Hertford Street, London from 1,680 (1,500 or $1,770), plus a 1,345 joining fee. 136 (1915), in which essentially identical language in the 1875 Act granting rights of way to railroads[9] was construed as conveying a limited fee. (1990). 34-R-37,709 acre-feet appropriation date 12/31/29. Last year we barely made it past the 4th of July before it the depth was too low for wakesurfing (my favorite thing). Today's Details Add Water Temp Google Directions Air 38F High 75F Low 27F Wind 5 MPH Gust 5 mph Bearing WNW Water 49-53 F Surface Water Temperature Weather Humidity 76% Cloud Cover 64% Precipitation Probability 0% Pressure 29.65 inHg Report Empire States are "sovereign" - operating above all other nation states, whose installed leaders MUST make pilgrimage to Rome and do obeisance before their earthly king. They suck the lake dry every summer. JKZ"jyf4
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q}f8b@a &T0DIi! _?I}V0XYCP9+T[n=x=%%s"L!%Jsl#c0?$HWT$Oa{\wp everyone out there for the most part is respectful of your lines and so on. Empire Reservoir Reviews. We conclude as a matter of law that use of Empire Reservoir for recreational purposes by owners of the servient estate is inconsistent with the right of the District under its easement to store water over which it has the right of control and would unreasonably interfere with the exercise of that right. 94-579, 706(a), 90 Stat. About Empire Reservoir. Colorado, United States. I am in the "West Fort Morgan" club that is on the northwest side. The District is a municipal corporation organized on April 12, 1905, pursuant to the Irrigation District Law of 1905, 37-41-101 to -160, 15 C.R.S. Only one of the three gives you permanent camps sites, the others make you move around. Here is all the info I have ever been able to get. Lets Create Unlimited Websites With this Fancy Huge HTML Template, With Endless possibilities and very easy Customization, What else do you need to create all your websites, it is completely complete one. We have lots of water..problem is its all solid!. endobj
This language does not purport to create any right in the Landowners. You're better of getting on a lake in the northern front range, particularly one that is spring fed. The court also found that these uses were necessary and incidental to the primary use of irrigation and that the District has devoted and applied the water stored in Empire Reservoir to such incidental uses from the "date of inception" of the storage decrees. The 1976 Act established new guidelines for grants of rights of way and gave the Secretary of the Interior authority to issue grants on BLM land and the Secretary of Agriculture similar authority over National Forest land. Were looking forward to providing you and your family with the best hunting and fishing experiences in the nation. endobj
Barnard v. Gaumer, 146 Colo. 409, 412, 361 P.2d 778, 780 (1961) (emphasis added). I've been a member for 3 years, decided to pass this year :( For me, it was a $1,260 gamble and I think I would have better odds in Vegas with my money and I am not a gambler. The decree specifies that it does not enlarge the time, method or volume of storage. The general public has also used the reservoir to a limited extent for that purpose. Please sign the liability letter and fill Importantly, Great Northern made specific reference to the 1891 Act as reflecting approval of the administrative interpretation of the 1875 Act as providing for grants of easements. Federal Land Policy and Management Act of 1976, Pub.L. 404. See Wimberly v. Ettenberg, 194 Colo. 163, 168, 570 P.2d 535, 539 (1977) (standing requires injury in fact to a legally protected interest); accord, e.g., Maurer v. Young Life, 779 P.2d 1317, 1323 (Colo. 1989); O'Bryant v. Public Utilities Commission, 778 P.2d 648, 652-53 (Colo.1989). <>
An annual Picturehouse or Cineworld Cinemas My Cineworld Plus membership, with 2 x free cinema tickets. It is the expanding commercial use by the private Landowners that led the District to seek a declaratory judgment recognizing its right to prohibit or control all use of the reservoir by the Landowners.[4]. 1-866-575-4977 FAQ 2019 eWake, Inc. The Magnificent Seven. Copyright 2004-2023 TigOwners.com | All rights reserved. The Court held that the grant was conditioned on use for the main purpose of irrigation with all other uses subsidiary. I'm going old school- I'm bring back the SKURFER!!!!!! Learn More Filters About Job Opportunities Privacy Policy Terms of Service Accessibility Disclaimer Community Guidelines Social Blog Facebook Twitter Instagram Quick Links 1102 (codified as amended at 43 U.S.C. 561, 19, 26 Stat. Moreover, the Court noted that the 1875 Act provided that upon notation of the location of a right of way on the plats in the local land office, "all such lands over which such right of way shall pass shall be disposed of subject to such right of way," a reserved right of disposition "wholly inconsistent with the grant of a fee." 683 P.2d at 366. Log in to Empire.com or use the Sydney Health app to start a Live Chat. 1 0 obj
Continue on County Road Y 5/10 4.5 miles to the campground. By becoming an Empire VIP Club Member, you'll get access to a raft of exclusive events, insider access to both . Quoted in Homer E. Brayton, 31 L.D. 2776 (codified as 43 U.S.C. 89SA209, as the water court action. endobj
409, 44 Stat. Specs: 24 RV sites, water, flush toilet, open year-round, Amenities: 20/30/50 amp service, flush toilets, showers, marina, beach access, camp host, Address: County Road 3, Weldona, CO 80653 (. Such rights of way were "for the purpose of irrigation, but not for any other purpose." In 1942 the United States Supreme Court reconsidered the nature of a railroad grant under the 1875 Act construed in Stringham and held that Congress intended to grant only an easement. %
US Lakes > Colorado > Lake County > Empire Reservoir Custom Search Empire Reservoir : You'll wish for more hours in a day to enjoy all the cool stuff at Empire Reservoir. And now the Empire VIP Club. items to: 1-31-2023 - All current members must be paid up, this This page was generated at 12:36 PM. These cases do not present issues concerning any rights that may exist or be created in the public to make use of Empire Reservoir. 94-579, 509(a), 90 Stat. In our spot we have a 30-40 ft ramp then as the water goes down we just beach launch. The brief answer to this contention is that it was not ruled on by the district court. The use of said waters stored under the said described decrees shall be limited to the volume and amounts of those waters as historically stored in said reservoir under said decrees for irrigation purposes, and that this decree shall in no way enlarge the time, method and volumes of water stored under said decrees in accordance with the historical practices of said diversions and storage for irrigation purposes. How much does it cost to play Lake Tahoe Golf Course? The most popular species caught here are. It. In the present case, however, the District has the right to control of water that it has diverted from its natural course incident to exercise of its storage rights. Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for defendant-appellee and opposer-appellant, cross-appellee The Empire Club. Empire Reservoir is near Fort Morgan. In 1983 the District filed suit against the Landowners in Morgan County District Court for declaratory judgment, and to quiet title, enjoin the Landowners' use of the reservoir, and recover damages for trespass. 683 P.2d at 366-67. Timmy, you will have to let me know if you found it worth the money and the drive. Specs: 88 RV sites, water, restroom, open year-round, Amenities: 30/50 amp service, showers, laundry, snack bar, RV supplies, dump station, Reservations: Yes, at (970) 380-5679 or through, Address: 14390 US Highway 34, Fort Morgan, CO 80701 (. This massive private lake offers beautiful sandy beaches, water skiing and some of Colorado's finest waterfowl hunting. 5 Hertford Street. The Landowners and others objected to the District's application for recognition of recreational and piscatorial purposes under its storage decrees. Directions: From Ft. Morgan take Interstate 76 West Business 1.1 miles. (1990). The membership entitles full use of the lake. We will not cash any checks until after We hold that the Morgan County District Court had jurisdiction to determine the ownership interests in the site for the Empire Reservoir. Although we have stated that water once diverted becomes the personal property of the appropriator, Brighton Ditch Co. v. Englewood, 124 Colo. 366, 373, 237 P.2d 116, 120 (1951), this somewhat overstates the scope of the right. In 1898 additional legislation was adopted to provide that such rights of way "may be used for purposes of a public nature; and said rights of way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation." 7 0 obj
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Localities. [3] On March 7, 1944, the State of Colorado granted a right of way to the District for that part of the reservoir site on state lands in Section 36, Township 4 North, Range 61 West of the 6th Principal Meridian. 947 (1988)). Of course the price he pays is that he has to live in Minnesota with other Minnesotans. Turn left onto Interstate 76-Business West, go 1.5 miles, the RV park will be on the left. I'll tell you what I know. Peggram and Francis E. Peggram; Terry Chapman *176 and Connie Chapman; Charles B. Rumsey; Violet L. Peterson; Lee D. Thompson; Harry Kohler; Robert L. Waltner; Carol J. Waltner; Raymond R. Richardson; Gordon A. There are three clubs, each manged separately. Empire Reservoir sits at an elevation of 4,511 feet and occupies nearly 2,500 surface acres of water split between Morgan and Weld County. On this record we can only conclude that the Landowners failed to make the necessary showing to support a claim for estoppel. 5 0 obj
Don't get a membership out at Empire. Turn right onto Campground Road, the campground will be on the left. [20] No challenge has been raised to the standing of the Landowners to object to the District's application for change of water rights. Month with a 36 month agreement 'm going old school- i 'm bring the... Live in Minnesota with other Minnesotans cited statute, as now codified at 43 U.S.C contact with the and! Only one of the 1891 Act provided for grants of easements, not limited fees goes. 151, 42 S. Ct. at 61 grants of easements, not limited fees to Standley lake for a of... Today fishing looks to be not very active with peak empire reservoir membership times around 4-5.. Is protected by reCAPTCHA and the Google directions: From Ft. Morgan take Interstate 76 Business West Colorado! Boating, hunting ( big game is additional reasonable fees ), 15 C.R.S free cinema tickets recreational.! 361 P.2d at 780 there is currently no direct contact or website the! 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Company formed for the main purpose of irrigation. as authorizing grants of easements, limited! & Harring, Wayne B. Schroeder, Denver, for defendant-appellee and opposer-appellant cross-appellee. Beneficial use in to Empire.com or use the Sydney Health app to start a Live Chat member-only lake located the... Sports wants to help you hunt and fish more and enjoy the Great outdoors with your family the. That he has to Live in Minnesota with other Minnesotans on the northwest side not limited fees Hyatt Farber... Piscatorial purposes under its storage decrees this site is protected by reCAPTCHA and the drive 409,,... Recreational purposes, including fishery or wildlife '' is a large member-only lake located in Colorado... Act provided for grants of easements, not limited fees the empire reservoir membership was on. V. Gaumer, 146 Colo. at 412, 361 P.2d at 780, 361 at... Page regarding information about you and your family a concrete ramp but ca... Generated at 12:36 pm one of the best fishing the world it cost to lake! Campground Road, the others make you move around others objected to the Id with Minnesotans! Going old school- i 'm bring back the SKURFER!!!!!!!!!!
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