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<br />• <br />DISTRICT COURT, WATER DIVISION 3 <br />COLORADO <br />702 Fourth Street <br />Alamosa, CO 81101 <br />Concerning The Application For Water Rights Of: <br />COLORADO WATER CONSERVATION BOARD, <br />IN GARNER CREEK, A NATURAL STREAM, IN THE <br />CLOSED BASIN, <br />IN SAGUACHE COUNTY, COLORADO. <br /> ~ COURT USE ONLY ~ <br /> Case No.: 03CW39 <br /> Div.. 3 <br />FINDINGS AND RULING OF REFEREE AND DECREE OF THE WATER COURT <br />This Application was filed on December 18, 2003, and was referred to the Water <br />Referee for Water Division No. 3, in accordance with C.R.S. ~ § 37-92-101, et seq. <br />All notices required by law of the filing of this Application have been fulfilled and <br />the Referee has jurisdiction of this Application. Trout Unlimited filed a timely Statement <br />of Opposition. No other party filed a Statement of Opposition and the time for doing so <br />has passed. The CWCB and Trout Unlimited have reached a stipulation which was filed <br />with this Court on August 2, 2005. <br />On June 4, 2004, the Division Engineer submitted a Summary of Consultation and <br />the Referee has given it duc consideration. <br />Having made such investigations as are necessary to determine whether the <br />statements in the Application are true and being fully advised with respect to the subject <br />matter of the Application; <br />THE WATER REFEREE FINDS AS FOLLOWS: <br />1. The name and address of the applicant is: <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suitc 721 <br />Denver, Colorado 80203 <br />(303} 866-3441 <br />2. The name of stream involved: <br />Garner Creek (instream flow} <br />