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<br />,::,,_<~U\]~10 IN THE DISTRICT COURT IN AND;
<br />J,0,ii ! 1. Y:;77 FOR 1<ATER DIVISION NO. 5
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<br />F I L E Q
<br />IN WATER :':;O_lnn
<br />Di'ri:~iou No. :}
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<br />.--.'-''': OF Ti-:f.
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<br />STATE OF COLORADO
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<br />Application No.. \-I-3077
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<br />IN THE ~~TTER OF THE APPLICATION )
<br />FOR HATER RIGHTS OF THE COLORADO WATER )
<br />CONSERVATION BOARD ON BEHALF OF THE PEOPLE)
<br />OF THE STATE OF COLORADO )
<br />IN THE EAGLE RIVER )
<br />OR ITS TRIBUTARIES )
<br />TRIBUTARY INVOLVED: MIDDLE FORK OF )
<br />HOHESTAKE CREEK )
<br />IN PITKIN COUNTY )
<br />
<br />RULING OF REFEREE
<br />
<br />The above entitled application was filed on June 8, 1976, and "as re-
<br />ferred to the undersigned as Water Referee for Water Division No.5, State of
<br />Colorado, by the Water Judge of said COUl,t on the 25th day of June, 1976, in
<br />aCGordance with Article 92 of Chapter 37" Colorado Revised Statutes 1.973,
<br />kno,m as The Water Rights Determination and Administration' Act 'of 1969.
<br />And the undersigned Referee having made such investigations as are
<br />neGessary to determine "hether or not th" statements in the application are
<br />true and having become fully advised with respect to the subject matter of
<br />thE' application does hereby make the folJ.m,ing determination and ruling as
<br />thE, Referee in this matter, to-\-lit:
<br />1. The statements, in the application are true.
<br />2. The name of the strclcture is Bench Lake No.1.
<br />
<br />3. The name of the claimant and .,ddress is The Colorado Hater Con-
<br />servation Board; 1845 Sherman Street; Denver, Colorado.
<br />
<br />4. The source of the \-later is an unnamed tributary of the Middle
<br />Fork of Homestake Creek, tributary to Homestake Creek, tributary to the
<br />Eagle River.
<br />
<br />5. The lake
<br />45" \~est Longitude.
<br />tions indicate that
<br />6th P.M.
<br />
<br />is located,at 390 19' 50" North Latitude and 1060 29'
<br />This is in- an unsurveyed township. Sectional projec-
<br />the lake is located in Section 30, T.8S., R.81H. of the
<br />
<br />IE a conflict exists b2tf,.;een th~ descrio:::ion by latitud: and longi-
<br />tude and the sectional description, the description by 1.atitude and longi-
<br />tude will take precedence.
<br />
<br />6.
<br />qui red to
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<br />The use of the water is to maintain the minimum lake level as
<br />preserve the natural enviro~~ent to a reasonable degree.
<br />
<br />re-
<br />
<br />7. The date of initiation of appropriation is January 14, 1976.
<br />
<br />8. The total capacity of the lake is 9 acre feet.
<br />
<br />9. The water was first applied to the above beneficial use on
<br />January 14, 1976, by action of The Colorado Water Conservation Board under
<br />the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10).
<br />
<br />10. This appropriation is Glade under the provisions of C.R.S. 1973,
<br />37-92-1.02(3) and 37-93-103(3), (4) and (10), kno,;n as Senate Bill 97, signed
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