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~. ;'" , WATER DIVISION NO, 4 .JUL 191977 ~-i-/ /:) jJ; - /1 "u. i?'/u.e~, (' (j'- , I"h] .L,,\ STATE OF COLORADO Case No. \'1-2806 HX.......-___......................__..___._..._ tH: PC TY lOT THE NATTER OF 'rHE APPLICATION ) FOR \'/ATER RIGHTS OF THE COLORADO ) \\TATER CONSERVATIml BOARD, IN TIlE ) GUNNISON RIVER OR ITS TRIBUTARIES:) TRIBUTARY INVOLVED: HIRROR LAKE, ) IN THE COUNTY OF GUNNISON ) FINDING OF FACT This application. was filed on May 20, 1976, by the Colorado Hater Conservation Board on behalf of thE~ People of the S'cate of Colorado, under the provisions of C.R.S. 1973, 37-92-102.(3), 37-92-103 (3), (4) and (10). A Statement of Opposition and an Amended Statement or Opposition have been filed by the United States of !\merica, Among other things, this. opposi tion alleges that the Colorado l'/ater Conservation Board has not obtained a Special Use Permit and that this application would impair the reserved rights of the United States of America, including ,the right to eco-syst:em maintenance, in-stream flows and fisheries. It is ridiculous t:hat the United 'States should oppose this application for the above reasons. In fact, it seems that the United States and the Colorado \later Con- servation Board should be working in concert in their attempt to maintain the minimum stream flows and eco-system maintenance. It is the finding of the Referee that he has no juris- 'diction to consider whether or not the applicant has applied for or received a Special Use Permit. The opposition of the United States is found to be without merit. A Stipulation has been entered into betl<een the Colorado Hater Conservation Board and the United States of America. Said Stipula1:ion is disregarded by the Referee because it is redundant in its attempt to protect any water rights of the United States. Said wa~:er rights 1 whatever they may be, are protected by Statute, with no need for stipulation. F.urther,- the Stipulation is disre- garded because it puts the Referee in the position of requiring the Colorado lvater Conservation Board to obtain a Special Use Permit before. 1:he decree becomes total and final. It is not 'Nithin the jurisdiGtion of the Water Referee to require any person to obtain a Special Use Permit. t1.irror Lake is a natural lake located at approximately 11,000 feet altitude in Gunnison County. The water in this lake has never been appropriated, -with the exception that th~ naturaJ- occurring stream flmi's (which shall not be impaired) flow into East I'/illow Creek, which is a tributary of the Gunnison River.' 'fhe point of diversion of this application is located in old \\Tater District No. 59. This application should be approved by ruling as submitted. DATED 7-- / -;7- :/7 , / (' I 1 ('1. 'f;'ii,,-:i1/ t r1.'. ./1 ,>/,~!';: ~___ I': 1---;1 /~~ (J.-; tJ"ater RefereJ~ Divis~on No. 4 v