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<br />.. <br /> <br />~-. <br /> <br />2. <br /> <br />The name of stream involved: <br />Wildcat Gulch (instream flow) <br /> <br />3. <br /> <br />The source of the water is: Wildcat 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 the headwaters of the Arkansas River at <br />latitude 380 40' 04"N and longitude 1060 25' 3l"W as the upstream <br />terminus and extending to Chalk Creek at latitude 380 40' 12"N and <br />longitude 1 060 22' 26"W as the downstream terminus, being a distance <br />of approximately 2.9 miles.. This segment can be located on the <br />Cumberland Pass and the St. Elmo U.S.G.S. quadrangles. <br />b. For administrative purposes only: <br />Upper Terminus = UTM 42 80 668N 13 3 76 002E (Unsurveyed area) <br />Lower Terminus = UTM 42 80 843N 13 3 80 477E (Unsurveyed area) <br /> <br />5. Use ofthe 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 J anumy 28, 2004, <br />by the action of the Colorado Water Conservation Board under the provisions of C.R.S. <br />9 937-92-102(3) and 37-92-103(3), (4) and (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Insteam flow of 4.20 cfs (May 15 <br />- July 31), 2.90 cfs (August I - August 31), 1.35 cfs (September 1 - October 31), and 0.55 <br />cfs (November 1 - May l4). <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of of 4.20 cfs <br />(May 15 - July 31),2.90 cfs (August 1 - August 31),1.35 cfs (September 1 - October 31), <br />and 0.55 cfs (November 1 - May 14) is hereby entered to preserve the natural <br />environment to a reasonable degree through the stream segment described in paragraph 4 <br />above. The appropriation date for this water right is J anuaIY 28, 2004. <br /> <br />The priority herein awarded was filed in the water court in the year of 2004 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 />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br /> <br />2 <br />