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<br />-,- <br /> <br />. ,,"~ <br />. ' <br /> <br />IN THE DISTRICT COURT <br />IN AND FOR WATER DIVI~Q~fT r.OUNT'f <br />STATE OF COLORAQ ~}.i" -7. ~OU'~~T <br />(; '<I r' r. ," " ,. H I <br />CASE NO. 01CW106 <br /> <br />";'F(' n \fcr- <br /> <br />APiR 0 8 200? <br /> <br />< W..l~~ FlcSOU,,;Clob <br />S'14TJ: ENGINEER <br />ICOLO. <br /> <br />IN THE MATTER OF THE <br />APPLICATION FOR WATER <br />RIGHTS OF: <br /> <br />"02 ~~AR~@CONSULTATIONI <br /> <br />The Colorado Water Conservation Board <br />% Linda J. Bassi <br />1525 Sherman St, 5th Floor <br />Denver, CO 80203 <br /> <br />CENTRAL fiLES <br /> <br />The Division Engineer and the Water Referee for the Water Division have consulted concerning thl~ <br />application on file herein. The Division Engineer's comments and recommendations to the Referee <br />are as follows. <br /> <br />The applicant requests a new absolute surface water right to protect the natural environment to Cl <br />reasonable degree on the Yampa River between its confluence with Morrison Creek and the inlelt of <br />Lake Catamount, in the amount of 72.5 cfs from April 1 to August 14 and 47.5 cfs from August 15 to <br />March 31. Upper Yampa Water Conservancy District and the Gay Family Limited Partnership have <br />filed Statements of Opposition. ' <br /> <br />In accordance with Section 37-92-102(3) of the Colorado Revised Statues, the applicant has the <br />authority to appropriate water to preserve the natural environment to a reasonable degree.; On July' "C', ' <br />24,2001 the Colorado Water Conservation Board passed a resolution identifying their intentto ";' ",., , <br />appropriate this water right. The stream segment through Which the instream flow is being claimE!dis ,', <br />on the natural stream channel of the Yampa River from its confluence with Morrison Creek to the! inlet <br />of Lake Catamount, a distance of approximately 5.4 miles. The Yampa River at this location has <br />historically not been subject to administration. <br /> <br />" f ... C' " -. <br /> <br />. .~; '.. <br /> <br />I recommend the Court grant the request for this new absolute surface water right for 7~~.5 cfs from <br />April 1 to August 14, and 47.5 cfs from August 15 to March 31 for the use of instream flow to protect <br />the natural environment to a reasonable degree. Applicant must address the concerns of the <br />opposers. <br /> <br />'i /4 fl.-tJ CI Z- <br />DATE <br /> <br />t?fi//ll t21Jt/ <br />DIVISION ENGINEER <br /> <br />The above comments and recommendations have been received and considered in compliance with <br />CRS 1973, 37-92-302(4). <br /> <br />DATE <br /> <br />WATER REFEREE <br /> <br />~ <br />