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3. The name of the Ditch: H.E. Turner Ditch 1" Enlargement. The source of the water: <br />Hot Spring Creek, a tributary of the Elk River. <br />4. From previous decree: Date of original decree was May 30, 1972; date of appropriation <br />was July 31, 1965: use was irrigation and expanded to include piscatorial through a decree <br />entered on June 24, 1980, <br />5. Pursuant to C.R.S. § 37- 92- 102(3), the Applicant seeks to change the use of the H.E. <br />Tumer Ditch 1' Enlargement water right from irrigation and piscatorial uses to instream <br />flow use by the Board to preserve the natural environment to a reasonable degree. <br />6. The original decree for the H.E. Turner Ditch 1`' Enlargement, Civil Action No. 3926, <br />granted water rights for irrigation purposes in the amount of 2.33 cfs. This water right <br />was the subject of a change case, Case No. 79CW131, which added piscatorial use to this <br />water right. Only 2.064 cfs are the subject of this change of water rights decree. <br />7. Place of use: (See map attached hereto as Exhibit A) The natural stream channel of Hot <br />Spring Creek from latitude 40° 33' 41" N, longitude 106° 51' 39" W, as the upstream <br />terminus and extending to the confluence of the Elk River at latitude 40° 33' 33" N, <br />longitude 106° 53' 20" W, as the downstream terminus, being a distance of approximately <br />1.33 miles. This segment can be located on the Rocky Peak and Mad Creek U.S.G.S. <br />quadrangles. <br />For administrative purposes only: <br />Upper Terminus = SE SE S13, 17N, R 85W, 6P.M. <br />67' West of East Section Line & 1013' North of South Section Line <br />UTM: Easting 342391; Northing 4491730 <br />Lower Terminus = SW SE S14, T7N, R85W, 6P.M. <br />2554' West of East Section Line & 304' North of South Section Line <br />UTM: Easting 340047; Northing 4491536 <br />8. Amount of water claimed for instream flow (ABSOLUTE): Instream flow of 2.0 cfs <br />year -round to preserve the natural environment to a reasonable degree, with 0.064 cfs <br />relinquished to Hot Spring Creek. <br />9. The CWCB received the subject water rights for instream flow use to preserve the natural <br />environment to a reasonable degree from Mrs. Nancy Hoelzen by Quit Claim Deed on <br />August 15, 1997. The CWCB approved changing the use of the subject water rights to <br />instream flow use to preserve the natural environment to a reasonable degree at its regularly <br />scheduled September 22 -23, 1997 meeting. <br />2 <br />