NLLAPP00272

• Case Number: W-3078-76
• Lake Name: BENCH LAKE #2
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Pitkin
• NLL App - Doc Type: Final Decree/Stipulations

,
,

~ .....

.~, '
?;~:,~~:1: '
7.."

. ~'
1.
"
i'

.-j\~~\ill
"....Jl,.

~ ", ~'.

0;: T;',f;~

IN THE DISTRICT COURT IN
FOR \VATER DIVISION NO.
STATE 0,' COLORADO

\ F i 1 .- f""\ .
AND\ - to. '.J .
To,.... ~D r
g{ ;vAT.u",~OIJRT
S. Divi::;iou No.5

!I S#~ l~~~OO
Tijj::J :/.. , ~*
~ ----_._:~~~:~.- \
..~:=---~ J~:'r ~

j '.'ol

, lG-/7
L '-!.: I

Application No. 1{-3078

IN THE MATTER OF THE APPLICATION )
FO~ I{ATER RIGHTS OF THE COLORADO I{ATER ~
CONSE~VATIONBOARD ON BEa~LF OF THE PEOPLE
OF THE STATE OF COLORADO .
IN THE EAGLE RIVER ~
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: . MIDDLE FORK OF
HOMESTAKE CREEK )
IN PITKIN COUNTY )

RULING OF REFEREE

The above entitled application was filed on June 8, 1976, and <Jas re-
.. fe;:red to the undersigned as W'ater Refer,~e for \{ater Division No.5, State of
Colorado, by the Water Judge of said Court on the 25th day of June, 1976, in
ac<:ordance with Article 92 of Chapter 37.. Colorado Revised Statutes 1973,

knOlffi as The Hater Rights Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not th" statements in the application are
true.and having become fully advised with. respect to the subject matter of
thE! application does hereby make the foll.ol,ing detE!rmination and ruling as
the Referee in this matter, to-.wit:

1. The statements in the application are true.

2. The name of ' the structure is ~~nch Lake No. 2~

3. Tha name of .che claimant and address is The Colorado I-late" Con-
servation Board; 1845 Sherman Street; Denver, Colorado;

4. The source of the water is an unnamed tributary of the Middle
Fork of Homestake Creek, tributary to Homestake Creek, tributary to the
Eagle River.

5. The lake
50" l{est Longitude.
tions indicate that
6th P.H.

is located at 390 19' 50" North Latitude and 1060 29'
This is in an unsurveyed township. Sectional projec-
the lake is locatp.d in Section 25, T.8S., R.81H. of the

If a conflict exists between the description by latitude and longi-
tude and the sectional description, the description by latitude and longi-
tude \.,i11. take prec~derice~

6. TIle use of the water is to maintain the minimum lake level as re-
quired to preserve the natural enviror~ent to a reasonable degree.

7. The date of ini.tiation of appropriation is January 14, 1975.

8. The total capacity of the lake is 276 acre feet.

9. Tne "ater was first applied to the above beneficial use on
Jan'Jary 14, 1976, by action of The Colorado Hater Conservation Board under
the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10).

10. This appropriation is made uneer the provi.sions of C.R.S. 1973,
37-92-102(3), and 37-92-103(3), (l,) and (1:)), knmffi as Senate Bill 97, signed
into law April 23, 1973. .