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State of Colorado might well have made these filings or be a party to these
<br /> filings, and accomplish the same intent as that of the applicants, and they filed
<br /> no opposition to this case.
<br /> As to "reasonable and appropriate under reasonably efficient
<br /> practices", as found in 148-21-3, the locations claimed are reasonable in that
<br /> they are on or flow through, or border properties owned or leased by the
<br /> claimants. The amounts of water claimed in storage is by survey and measure-
<br /> ment and, as to stream flow, the amounts claimed in relation to use is not .
<br /> determinable. The intent is to claim for those stated purposes the normal flow
<br /> of the streams, discounting weather conditions and fully recognizing
<br /> all prior appropriations, contracts and agreements between governing agencies
<br /> insofar as stream flow is a question or a right.
<br /> The applicants, as land owners and permittees, in the vicinity of the
<br /> waters sought, have accomplished a valid, lawful appropriation of waters by
<br /> using the same and applying them to the beneficial use as stated. These
<br /> purposes are all beneficial, in that they bring a valuable asset to the
<br /> appropriators and are useful, advantageous, helpful and gainful to them. None
<br /> of the uses sought would in any way impair either the decreed or vested rights
<br /> of any other appropriators under the Constitution and the laws of the State
<br /> ..of Colorado. Applicants do not claim the exclusive use of said water, nor a
<br /> consumptive use, and plan to use it in common with the general public and/or
<br /> the State of Colorado, provided only that the public use thereof does not
<br /> interfere with the applicants' appropriation and use.
<br /> It is obvious that in order to prevent adverse affect to existing
<br /> .rights on the river system that such a decree must and, in this case, is
<br /> limited to the upper reaches of the streams concerned and located above all
<br /> other appropriations or decreed rights. To do otherwise would make it
<br /> extremely difficult, if not impossible, to effectively administer the
<br /> overall water rights and water.use situation.
<br /> FINDING OF FACT
<br /> Name and Location of Streams: LOTTIS CREEK, together with its
<br /> tributaries, Cross Creek, Cameron Creek and Union Creek.
<br /> The mouth of Lottis Creek at its confluence with the Taylor River
<br /> is situate in the SW4NE4 of Section 2, Township 15 .South, Range 83 West of
<br /> the Sixth Principal Meridian, from whence the Northeast Corner of said
<br /> Section bears North 450 East 2,750 feet. The principal tributaries to
<br /> Lottis Creek to which claim is made herein join Lottis Creek at the following
<br /> points:
<br /> (a) Cross Creek - Confluence with Lottis Creek is in the NEQNE44
<br /> of Section 8,. Township 15 South, Range 82 West,-6th P.M., from whence
<br /> the Northeast Corner of said Section bears North 52030' East 660 feet.
<br /> (b) Cameron Creek- Confluence with Lottis Creek is in the SE414W'-4544
<br /> of Section 15, Township 15 South, Range 82 West, 6th P.M., from
<br /> whence the summit of Cross Mountain bears South 650 36' West 14,190
<br /> feet.
<br /> (c) Union Creek - Confluence with Lottis Creek is in the NE-ls%E;NIA4
<br /> of Section 8, Township 15 South, Range 82 West, 6th P.M., from
<br /> whence the Northeast Corner of said Section bears North 890 30'
<br /> East 3,035 feet.
<br /> Source of Water: Lottis Creek is fed by snow melt and runoff from
<br /> its principal tributaries, South Lottis Creek, Cross Creek, Cameron Creek and
<br /> Union Creek, which drain the Union Park portion of Gunnison County and all
<br /> tributaries Of the Taylor River, which is a tributary to the Gunnison River,
<br /> all in Gunnison County and in old Water District No. 59.
<br /> -3-
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