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<br />IN THE DISTRICT COURT IN AND
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<br />STATE OF COLORADO
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<br />IN \VATER COURT
<br />Divbion No. 5
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<br />DEe 1 51876
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<br />OF REFEREE
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<br />FOR HATER DIVISION NO. 5
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<br />Application No" Iv-3067
<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 COLO~~DO
<br />IN THE ROARING FORK RIVER )
<br />OR ITS TRIBUTARIES )
<br />TR::BUTARY INVOLVED: BEAR CREEK )
<br />IN PITKIN COUNTY )
<br />
<br />RULING
<br />
<br />The above entitled application "!as filed on June 8, 1976, and ,.as re-
<br />
<br />ferred to the u:'.dersigned as Ivater Refen,e for Hater Division No.5, State of
<br />
<br />Colorado, by tC,e Hater Judge of said Court on the 25th day of June, 1976, in
<br />
<br />accordance with Article 92 of Chapter 37" Colorado Revised Statutes 1973;
<br />
<br />knmm as The Water Rights Determination and Administration Ac.t of 1969.
<br />
<br />And the undersigned Referee having made such investigations as are
<br />
<br />n'ecessary to determine whether or not th" statements in the application are
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<br />true and having become fully advised with respect to the subject matter of the
<br />
<br />application does hereby make the..,following determination and ruling as the
<br />
<br />Referee in this matter, to-wit:
<br />
<br />1. The statements in the application are true.
<br />
<br />2. The na'lle of the structure is l~i..e.Q;;!'_~e No. l.
<br />
<br />3. The name of the claimant and address is The Colorado Hater Con-
<br />servation Board; 1845 S~.,erman Street; Denver, Colorado.
<br />
<br />4. The source of the water is an unna'lled tributary of Bear Creek,'
<br />tr:.butary to Snm-lffiass Creek, tributary to the Roaring Fork River.
<br />
<br />5. The lake is 10cated,;lr; 390 08" 50" North Latitude and 1070 03'
<br />15" West Longitude. This is in ,m unsurveyed tmmship. Sectional projec-
<br />tions indicate that the lake is .located :en Section 36, T .10S., R. 87W. of the
<br />6th P.M.
<br />
<br />If a conflict exists between the description by latitude and longi-
<br />tude and the sectional description, the description by latitude and longi-
<br />tude <<ill take precedence.
<br />
<br />5 ~ The use: of the \.r3.te:-:- is to maintain the miniu-n.lI'1t lake le.vel .:1.3' re-
<br />queered to preserve the natural envirorunent to a reasonable degree.
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<br />7. The date of initiation of appropriation is January 14, 1976.
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<br />8. The total capacity of the lake is 55 acre feet.
<br />
<br />9. The water was first applied to the above beneficial use on
<br />January 14, 1976, by action of The Color,"do Hater Conservation Board under
<br />the provisions of C.R.S. 1973, 37-92-1021.3), 37-92-103(3), (4) and (10).
<br />
<br />10. This appropriation is made unrhr the provisions of C.R.S. 1973,
<br />37,.92-102(3) and 37-92-103(3), (4) and (10), knOl"" as Senate Bill 97, signed
<br />in':o 1m. April 23, 1973.
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