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9JCWZJ6 <br />Page 2 of 3 <br />On Apri126, 1996, the Division Engineer submitted a Stunmai-~T of Consult<ltion and the <br />Court has given it due consideration. <br />The name of the natural stream is: <br />Fall River (instrea~n flow). <br />The source of the water is: <br />Fall River, tributa~-~ to Clear Creels. <br />8. Legal description of the stream segment through which Dui instream flow is <br />claimed. <br />The natural stream channel from the confluence of an unnamed tributai-~- <br />at latitude 39°48'53"N and longitude 105°40'29"W as the upstream <br />terminus and extending downstream to a point situated in the southeast <br />quarter of Section 28, Township 3 South, Range 73 West of the Siith <br />Principal Meridian, County of Clear Creels, State of Colorado, from <br />whence the South Quarter Corner of Section 24, To~~mship 3 South, Range <br />73 West, bears South 23° 1' 42" East a distance of 7,090 feet at latitude <br />39° 45' 22.8''N and longitude 10~° 33' 23.3"W (NAD 83). The instrea~n <br />flow reach is a distance of approiimately 8.~ miles. This segment can be <br />located on the Empire and Central City U.S.G.S. quadrangles. The <br />downstream terminus of the instrea~n flow reach is also shown in detail on <br />the dra«~ing attached as Exhibit A. <br />b. For the stream segments in an unsulveved area, the <br />Division Engineer has determined for administrative <br />purposes that the approiimate legal description of the <br />instream flow termini as protracted fi-om U.S.G.S. and/or <br />U.S.F.S. mapping is as follows: upstream terminus in the <br />NW/4 SE/4, Sec. 4. T3 S. R74W, 6th P.M.. do«nstrea~n <br />terminus in the SE/4 SE/4, Sec. 28, T3S, R73W, 6th P.M. <br />Use of the ~~- ater: <br />Instrea~n flow to preserve the natural envirornnent to a reasonable degree. <br />10. Date of initiation of appropriation: <br />July 24. 199. <br />11. The eater was first applied to the above beneficial use on July 24, 1995, b~_~ action <br />of the Colorado Water Conservation Board under the provision of C.R.S. <br />~~ 37-92-102(3), 37-92-103(3),(4), and (10). <br />12. Amount of water claimed (ABSOLUTE): InsU~eam flow of 5.2~ c.f.s. (May 1 - <br />