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3. Notice and Jurisdiction: All notices of this matter required by law have been fulfilled and <br />the Court has jurisdiction over the Application and all parties affected thereby, whether or <br />not they have chosen to appear. <br />4. Objectors: No statements of opposition were filed. The time for filing statements of <br />opposition has expired. <br />5. Consultation. The Division Engineer filed a Summary of Consultation pursuant to § <br />37- 92- 302(4) C.R.S. dated June 24, 2009. The CWCB has addressed the Division <br />Engineer's concerns set forth in the Summary of Consultation. <br />6. Name of Natural Stream. Rabbit Ears Creek, tributary to Troublesome Creek, <br />tributary to the Colorado River. <br />7. Location. <br />a. Legal description of the stream segment through which an instream flow is claimed: <br />The natural stream channel from the headwaters in the vicinity of latitude 40° 21' <br />13.94 "N and longitude 106° 21' 36.13 "W as the upstream terminus and extending to <br />the confluence with Troublesome Creek at latitude 40° 15' 46.03 "N and longitude <br />106 19' 6.85 "W as the downstream terminus, being a distance of approximately 9.0 <br />miles. This segment can be located on the Hyannis Peak U.S.G.S. quadrangle. <br />b. For administrative purposes only: <br />Upper Terminus = <br />NW SW S34 T5N R80W 6` PM <br />755' East of the West Section Line; 1780' North of the South Section Line <br />UTM North: 4467922.6 UTM East: 384507.5 <br />Lower Terminus = <br />SW SE S35 T4N R80W 6 PM <br />2450' West of the East Section Line; 710' North of the South Section Line <br />UTM North= 4457758.6 UTM East= 387878.3 <br />8. Use of the water: lnstreain flow to preserve the natural environment to a reasonable <br />degree. <br />9. Date of appropriation: The water was first applied to the above beneficial use before <br />January 23, 2008. The appropriation was completed on January 23, 2008 by the action <br />of the Colorado Water Conservation Board under the provisions of C.R.S. § § 37 -92- <br />102(3) and 37- 92- 103(3), (4) and (10). <br />2 <br />