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LOCATI014 OF POINT OF DIVERSION: <br />The reach of Gageby Creek, which runs from the Fort Lyon Canal <br />crossing in the SW 1/4 of the NW 1/4 of Section 1, Township 22 <br />South, Range 51 West of the 6th P. M., to its confluence With <br />John Martin Reservoir. The description of the point of confluence <br />varies with the elevation of the reservoir, but it is located in <br />Section 25, Township 22 South, Range 51 West, of the 6th P. 1t., <br />when the reservoir is at the top of the conservation pool at <br />elevation 3851'. <br />SOURCE OF WATER: Return flow from Fort Lyon Canal and <br />precipitation runoff. <br />PRIORITY DATE May 1, 1975, PROVIDED, HOWEVER, that this <br />right shall be junior to all priorities <br />awarded in cases filed prior to 1975, and <br />otherwise junior as provided in C.R.S. 1973, <br />37 -92 -306, and FURTHER, PROVIDED, as follows: <br />"This decree will be subject to the right of <br />the Fort Lyon Canal to change its pattern of <br />use, diversion and transit as said Fort Lyon <br />Canal may elect, and shall not prevent or <br />impair the winter water storage program of <br />the Frying Pan - Arkansas project or limit or <br />qualify participation therein by Fort Lyon <br />Canal." <br />AMOUNT OF WATER: 1.0 c.f.s., or 450 g.p.m. <br />USE OF WATER: To maintain such minimum flows as are <br />required to preserve the natural environment <br />to a reasonable degree. <br />Page 3 - Ruling of Referee W -427n <br />