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• • <br />3. The source of the water is: Garner Creek <br />4, Legal description of the stream segment through which an instrearn flow is <br />claimed: <br />The natural stream channel from USFS QP 53G4 at latitude 3';8° 10' S3" N <br />and longitude 1 OS° 47' 24"W as the upstream terminus and extending to the <br />Garner Creek Ditch at latitude 38° 10' 25"N and longitude 1Q5° 48' 32"W <br />as the downstream terminus, being a distance of approximately 1.2 miles. <br />This segment can be located on the Valley View Hot Springs U.S.G.S. <br />quadrangles. <br />For administrative purposes only: <br />Upper Terminus = SE NE SEC 6 TWN 45N RNG 1 lE NMPM <br />144' West of East Section Line & 1670' South of North Section Line <br />UTM 13 4226057N, 430816E (NAD27) <br />Lower Terminus = SE SE SEC 1 TWN 45N RNG 1 OE NMPM <br />250' West of East Section Line & 570' North of South Section Line <br />UTM l3 4225184N, 429152E (NAD27) <br />5. Use of the water: <br />Instream flow to preserve the natural environment to a reasonable degree. <br />6. Date of initiation of appropriation: <br />January 22, 2(?03 <br />7. The water was fu-st applied to the above beneficial use on January 22, 2003, by <br />the action of the Colorado Water Conservation Board under the provisions of G.R.S. § § 37- <br />92-102(3) and 37-92-103(3),{4) and (10). ', <br />8. Arnount of water claimed (ABSOLUTE}: Instream flow of 1.9 cfs (May 1- <br />September 14) and 0.6 cfs {September 15 -April 30). <br />9. Pursuant to § 37-92-103(3)(b), the CWCl3's appropriation may bc;subject to <br />present uses or exchanges of water being-made by other water users pursuant. to <br />appropriation or practices in existence on the date of such appropriation, whether. or not <br />such uses are previously confirmed by court order or decree. C.R.S.A. § 37-y2-102 <br />(2004}. There is one use (of spring water} that occurs within the instream flow reach as <br />follows: The source of water for the Ridenour Ditch is from Garner springs located in the <br />NE '/4 SE '/~ S W '/e of section 6 T45N Rl 1 E N.P.M. These springs were not originally <br />tributary to Garner creek, however, sometime in 1994, the water commissioner found that <br />beaver dams had redirected the flow of the springs into Garner Creek. Shortly thereafter, <br />the ov~rner of the right began using Garner Creek as a carrier for the spring water to the <br />Ridenour Ditch Headgate on Garner Creek. In 1996 the owner installed a headgate and <br />measuring device in the relocated diversion paint. These springs now flow into the reach <br />2 <br />