7-04CW0040 Decree

• Case Number: 04CW0040
• Stream Name: Bighorn Gulch
• Acq Structure: Carbon Lake Ditch
• Water Division: 7
• Water District: 30
• County: San Juan
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

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04CW40
Water Div. 7

4. Pursuant to C.R.S. ~ 37-92-102(3), the Applicant seeks to change the use of
the: Carbon Lake Ditch water right from irrigation to instream flow use by the
Board to preserve and to improve the natural environment to a reasonable degree.

5. The original decree for the Carbon Lake Ditch in Case No. B-1751, dated March
21, 1966, with an appropriation date of July 13, 1954, granted conditional water rights
for irrigation from Mineral Creek in the amount of 10 cfs for Headgate No.1 and 5 cfs
for Headgate No.2. The conditional water rights were made absolute in Case Nos. W-
46 and W -626.

6. Place of use:

a) The natural stream channel of Big Horn Gulch from the decreed location of
the Carbon Lake Ditch Headgate #1 at latitude 370 52' 48" N, longitude 1070 42'
18" W, as the upstream tenninus and extending to the confluence with an unnamed
tributary of Big Horn Gulch at latitude 37053' 9" N, longitude 107042' 47" W, as
the downstream terminus, being a distance of approximately 0.65 miles (Reach
1).

For administrative purposes only:
Upper Terminus =NWSWS24, 42N, R8W, NM P.M.
1383' from the South Section Line & 368' from the West Section Line.
UTM: 262108 Easting, 4195950 Northing.

Lower Terminus =SWNE S23, T42N, R8W, NM P.M.
1851' from the North Section Line & 1975' from the East Section Line.
UTM: 261413 Easting, 4196619 Northing.

b) The natural stream channel of Big Horn Gulch from the confluence with an
unnamed tributary of Big Horn Gulch at latitude 370 53' 9" N, longitude 107042'
47" W, as the upstream terminus and extending to the confluence with Mineral
Creek at latitude 370 52' 49" N, longitude 1070 43' 19" W, as the downstream
terminus, being a distance of approximately 0,72 miles (Reach 2).

For administrative purposes only:
Upper Terminus = SWNE S23, T42N, R8W, NM P.M.
1851' from the North Section Line & 1975' from the East Section Line.
UTM: 261413 Easting, 4196619 Northing.

Lower Terminus = NWSW S23, T42N, R8W, NM P.M.
1509' from the South Section Line & 771' from the West Section Line.
UTM: 260617 Easting, 4196035 Northing.

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