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98CWJ49 Application of the eWeB 3. The name of the natural stream is: Texas Creek (instream flow). 4. Jurisdiction: All notices required by law regarding this Application have been made. The Court has subject matter jurisdiction over this Application and these proceedings and personal jurisdiction over all persons who would have standing to appear as parties, regardless of whether they have appeared. 5. Timely Statements of Opposition were filed on behalfofthe Wet Mountain Valley Water Users Association; the Upper Arkansas Water Conservancy District; the Lake Creek Water Users Association; Daniel England; Irvin Story; and Bovaird Land Company, Marian Roth Bovaird, W.J. Bovaird, W.J. Bovaird, III, Laura B. Adams, John Roth Bovaird, Frank Davis Bovaird, and Brian Hoyt Bovaird (the "Bovairds"). Time for filing statements of opposition and for seeking leave to intervene has expired. 6. The CWCB entered into Stipulations with the Upper Arkansas Water Conservancy District, Wet Mountain Valley Water Users Association and the Lake Creek Water Users Association which were approved by and are enforceable by this court as agreements between the parties and as an order of this court. The remaining parties withdrew their opposition to this application. 7. On May 13, 1999, the Division Engineer submitted a Summary of Consultation and the Court has given it due consideration. DESCRIPTION OF WATER RIGHTS 8. The source of the water is: Texas Creek, tributary to the Arkansas River. 9. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence of Lake Creek at latitude 380 18' 14''N and longitude 1050 36'I3"W as the upstream terminus and extending to the confluence of the Arkansas River at latitude 380 24'37''N and longitude 1050 34'58"W as the downstream terminus, being a distance of approximately 8.7 miles. This segment can be located on the Hillside and Echo U.S.G.S. quadrangles. 2