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<br />STATE OF COLORADO
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<br />IN THE DISTRICT COURT IN AND
<br />
<br />FOR WATER DIVISION NO. 5
<br />
<br />COLORADO '(>iXfl'i',
<br />CONSERV":,-~o~ IN THE MATTER OF THE APPLICATION
<br />SOM'D FOR WATER RIGHTS OF THE COLOR^DO WATER
<br />CONSERVA TION BOA RO ON I3EHI\LF OF THE
<br />PEOPLE OF THE STATE OF COLORADO
<br />IN THE COLORADO RIV~R
<br />OR ITS TRJ:BUTARIES
<br />TRII3UTARY INVOl.vED: CASCI\DE CREEK
<br />IN GRA ND COUNTY
<br />
<br />i\pplication No. iv-3192
<br />
<br />Rt1[,ING OF Rf:F"RGE
<br />--~-~-
<br />
<br />The above entitled application was filed on October 13, 1976, and was
<br />
<br />referred to the undersigned as Water Referee for water Division No.5, State
<br />
<br />of COlorado, by the Water ,Judge of said Court on the 1st day of November,
<br />
<br />1976, and again, after stipulation and agreement, on September 12, 1977, in
<br />
<br />accordance with Article 92 of' Chapter 37, Colorado Revised Statutes 1973,
<br />
<br />known as The Water Rights Det.ermination and Administration Act of 1969.
<br />
<br />And the undersigned Heferee havinq made such investigations as Bre ne-
<br />
<br />cessary to determine whether or not the statements in the application are
<br />
<br />true and having become fully advised \olith respect to the subject matter of
<br />
<br />the application does hereby make the following determination and ruling as
<br />
<br />the Referee in this matter, t.o-wit::
<br />
<br />1. The sti'ltements in the appliciltion are true.
<br />
<br />2.. The name of the structure is Pawnee Lake..
<br />
<br />3. The name of the claimant and address is the Colorado v.later Conser-
<br />vation BO<-1rd; 1845 Shermi3n ,Street; Denver, Colorado..
<br />
<br />4. The source of the water is Cascade C.reek, tributary to the
<br />Colorado River.
<br />
<br />5. The lake is 1ocai:pd at 40005'15" North latitude and 105038'42"
<br />vJest longitude. This is in Lln unsurveyed townShip. Sectional projections
<br />indicate that the lake :is located in SecLion 35, T.2N., R.74W. of the 6th P.r-1.
<br />
<br />If a conflict exists between the description by la ti tude and lonqi tude
<br />and the sectional description, the description by latitude and longitude wilJ
<br />take precedence.
<br />
<br />6. The use of the water is to nv:linta.in the minimum lake level as re-
<br />quired to preserve the naturBl environmeRt to a reasonable deqree.
<br />
<br />7. The date of initiation of appropriation is March 17, 1976.
<br />
<br />8. The total cupacity of the lake is 121 acre feet.
<br />
<br />9.. The water was fir!;t applied to the above beneficial use on March
<br />17, 1976, by action of thQ Co1orndo Wa ter Conserva tion Board under the provi-
<br />sions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10).
<br />
<br />10. This appropriation is made under the provisions of C..R.S. 1973,
<br />37-92-102(3) ,and 37-92-103(3), (4) and (10), known as Senate Bill 97, signed
<br />into law April 23, 1973.
<br />
<br />11. On December 16, 1976, a Statement 01; Opposition was filed by the
<br />Uni ted sta tes o.f Amer.tca, and as a resul t the appliCAtion w~s re-referred to
<br />the Water Judge for Wntcr Division No.5 by the Water Referee on Jilnuary 31,
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