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<br /> <br />. <br /> <br />. <br /> <br />4. <br />claimed: <br /> <br />Legai 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 390 16' 32"N and longitude 1060 11' 55"W as the upstream <br />teffi1inus and extending to confluence of the East Fork of the Arkansas <br />River at latitude 390 18' 39"N and longitude 1060 '13' 39"W as the <br />downstream teffi1inus, being a distance of approximately 3.4 miles. This <br />segment can be located on the Climax U.S.G.S. quadrangle. <br /> <br />b. For administrative purposes only: <br />Upper T effi1inus = SW S11 T9S R79W 6PM <br />UTM 43 47 847N 13396 622E (Unsurveyed area) <br />Lower Terminus = NE SW S33 T8S R79W 6PM <br />1770' East of West Section Line, 2450' North of South Section Line <br />UTM 4351 774N 13394 181E <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 />9937-92-102(3) and 37-92-103(3), (4) and (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of 0.80 cis (January 1 <br />_ April 30), 1.6 cis (May 1 - October 14), and 0.90 cis (October 15-December 31). <br /> <br />9. The instream flow that is the subject of the Application is junior to the <br />Stevens and Leiter Ditch, which was decreed in Civil Action No. 1858, with an <br />appropriation date of September 1, 1873. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of 0.80 cis <br />(January 1 - April 30), 1.6 cfs (May 1 - October 14), and 0.90 cfs (October 15-December <br />31) 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 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 deteffi1ined by historical date of appropriation and <br />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk <br />subject to judicial review. <br /> <br />2 <br />