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<br />. <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />4. Legal description of the stream segment through which an instream flow is <br />claimed: <br /> <br />The channel from the service boundary of the National Forest at latitude <br />38020' 28" N and longitude to50 57' 16" Was the upstream terminus and <br />extending to McFarland Ditch A&B at latitude 380 20' 02" N and longitude <br />to50 57' 53" W as the downstream terminus, being a distance of <br />approximately 1.0 mile. This segment can be located on the Bushnell Peak <br />U.S.G.S. quadrangles. <br /> <br />For administrative purposes only: <br />Upper Terminus = NE SE SEC 10 TWN 47N RNG 9E NMPM <br />to' West of East Section Line & 2540' North of South Section Line <br />UTM 42 43 885N 13 416 601E <br />Lower Terminus = NE NW SEC 15 TWN 47N RNG 9E NMPM <br />2320' East of West Section Line & 50' South of North Section Line <br />UTM 42 43 095N 13 4 15 682E <br /> <br />2 <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 22, 2003 <br /> <br />7. The water was :first applied to the above beneficial use on January 22, 2003, by <br />the action of the Colorado Water Conservation Board under the provisions ofC.R.S. ~ ~ 37- <br />92-102(3) and 37-92-103(3), (4) and (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of 0.75 cfs (May 15 - <br />October 31); 0.5 cfs (November 1- November 30); and 0.35 (December 1 - May 14). <br /> <br />9. Remarks: As a result of discussions between the Division of Water Resources <br />and the Board regarding whether the McFarland Ditch and Eaglebrook Creek share the <br />same channel, the terms and conditions of this decree are unique to the factual <br />circumstances of this case and shall not be considered binding or serve as legal precedent <br />in any future proceeding. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of 0.75 cfs <br />(May 15 - October 31); 0.5 cfs (November 1 - November 30); and 0.35 (December 1 - <br />May 14) is hereby entered to preserve the natural environment to a reasonable degree <br />through the segment described in paragraph 4 above. The appropriation date for this <br />water right is January 22,2003. <br />