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<br />14~ <br /> <br />. <br /> <br />Consent Agenda Item 2b <br />Case No. 2-0ICWOI4; LanyMapes, Mapes Family Trust <br /> <br />Application Suntmmy <br /> <br />This is an application for surface water rights for livestock watering, wildlife babita!, revegetation, <br />and erosion control pwposes in Huerfano County, near Walsenburg (see attached map). The <br />Applicants !lave requested a I cfs conditional right and a 0.1 cfs absolute right for these pwposes. <br />This application appears to be an application for an instream flow water right. The Applicants <br />initiated the appropriation by "use of stream for watering livestock" and the legal description is <br />"that portion of North Abeyta Creek where it passes under the highway 160..." Only the Colorado <br />Water Conservation Board is authorized by statute to file for an instream flow water right. <br /> <br />Potential for Iniury <br /> <br />The Board does not hold any water rights that may be affected by this application. However, <br />Section 37-92-102(3) C.R.S. provides: "...no other person or entity [other than the CWCB] shall be <br />granted a decree adjudicating a right to water or interests in water for instream flows in a stream <br />channel between specific points, or for natural surface water levels or volumes for natural lakes, for <br />any pwpose whatsoever." The Applicants may not obtain a decree that violates this statutory <br />requirement. <br /> <br />. <br /> <br />Other Obiectors <br /> <br />Other objectors in this case include: Travis and Renee Crawford, and the Silver .Mountain Preserve, <br />Inc, <br /> <br />. <br /> <br />L:lSection FolderslSECClCase Files\2001\201 CW14_mem,doc <br />