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<br />IN THE DISTRICT COURT IN AND
<br />FOR \-lATER DIVISION NO. 5
<br />STATE OF COLORADO
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<br />ll" WATER COURT
<br />Diyi~ioo. No. 5
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<br />'~Application No. ,,-3066
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<br />IN THE NATTER OF THE APPLICATION . ~
<br />FOR \-lATER RIGHTS OF THE COLORADO \-lATER
<br />CONSERVATION BOARD ON BEH1\LF OF THE PEOPLE
<br />OF THE STATE OF COLORADO )
<br />IN THE ROARING FORK RIVER )
<br />OR ITS TRIBUTARIES )
<br />TRIBUTARY INVOLVED: CAPITOL CREEK )
<br />IN PITKIN COUNTY )
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<br />DEG 1 5 \876
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<br />R:REEREE..~e....v..~:~?'UTY ~
<br />
<br />RULING OF
<br />
<br />The above entitled applicaJ::ion was filed on June 8, 1976, and was re-
<br />fen'ed to the undersigned as \-later Referee for Hater Division !io. 5, State of
<br />Colorado, by the \{ater' .Judge of said Court on the 25th day of :June, 1976, in
<br />
<br />. .
<br />accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
<br />known as The Water Rights Determination and Administration Actof 1969.
<br />And the undersigned Referee having made such investigations as are
<br />neCE<ssary to determine whether or not the statements in the application are
<br />
<br />true, and having become fully advised ,,,ith respect to the subject matter of
<br />the application does hereby makE< the following determination and ruling as
<br />the Referee in this matter, to-wit:
<br />
<br />1.. The statements in the application are true.
<br />
<br />2. The name of the structure is f~pitol Lake.
<br />
<br />3. ThR name of the claimant and address is The Colorado I,ater Con-
<br />se.rvation Board; 1845 Sherman Street; Denver, Colorado.,.
<br />
<br />4. The source of the water. is Capitol Creek, tributary to Snowmass
<br />CreE.k, tributary to the Roaring Fork River.
<br />
<br />5. The lake
<br />45" ,-lest Longitude.
<br />tior.s indicate that
<br />6th P.H.
<br />
<br />is located at 390 09' 45" North Latitude and 1070 04'
<br />This is in an unsurveyed to,;nship. Sectional projec-
<br />the lake is located in Section 26, T.10S., R.87W. of the
<br />
<br />If a conflict exists between the dE.scription by latitude and longi-
<br />tude and the sectional description, the description by latitude and longi-
<br />tude will take precedence.
<br />
<br />6. The use of the water is to maintain the m~nlmum lake level as re-
<br />quired to preserve the natural enVirOlli\1ent to a reasonable degree.
<br />
<br />7. The date of initiation of appropriation is January 14, 1976.
<br />
<br />8. The total capacity of the lake is 1,085 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 \Vater 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 made "nder 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.
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