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<br /> <br />";, ........ <br />" ". <br /> <br />2. <br /> <br />The name of stream involved: <br />Tunnel Gulch (instream flow) <br /> <br />3. <br /> <br />The source ofthe water is: Tunnel Gulch <br /> <br />4. <br />claimed: <br /> <br />Legal description of the stream segment through which an instream flow is <br /> <br />a. The natural stream channel at Tmmel Lake at latitude 380 39' 21"N and <br />longitude 1060 24' 54"W as the upstream terminus and extending to <br />Chalk Creek at latitude 38039' 20"N and longitude 106022' 31"W as <br />the downstream terminus, being a distance of approximately 2.4 miles. <br />This segment can be located on the Cumberland Pass U.S.G.S. <br />quadrangle. <br />b. For administrative purposes only: <br />Upper Terminus = UTM 42 79 328N 13 3 76 875E (unsurveyed area) <br />Lower Terminus = UTM 42 79 246N 13 3 80 331E (unsurveyed area) <br /> <br /><. <br /> <br />5. Use of the water: <br />Instream flow to preserve the natural environment to a reasonable degree. <br /> <br />6. Date of initiation of appropriation: <br />. January 28,2004 <br /> <br />7. The water was first applied to the above beneficial use on January 28, 2004, <br />by the action of the Colorado Water Conservation Board under the provisions of c.R.S. <br />S S 37-92-102(3) and 37-92-103(3), (4) and (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Insteam flow of2.10 cfs (May 1 _ <br />September 14),1.10 cfs (September 15 - October 31), and 0.50 cfs (November 1 - April <br />30). <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of2.10 cfs <br />(May 1 - September 14), 1.10 cfs (September 15 - October 31), and 0.50 cfs (November 1 <br />- April 30) is hereby entered to preserve the natural environment to a reasonable degree <br />through the stream segment described in paragraph 4 above. The appropriation date for <br />this water right is January 28, 2004. <br /> <br />The priority herein awarded was filed in the water court in the year of2004 and <br />shall be junior to all priorities filed in previous years. As between all rights filed in the <br />. same calendar year, priorities shall be determined by historical date of appropriation and <br /> <br />2 <br />