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<br />- <br /> <br />e <br /> <br />~ <br /> <br />. <br />.' <br /> <br />Division No.5, 97CW283 <br />Ruling and Decree <br /> <br />(a) Name of Structure: Miners Creek Ditch <br /> <br />(b) Legal Description: The point of diversion for the Miners Creek Ditch is <br />located on the East Fork of Miners Creek in the SW 1/4 of the NW 1/4 of Section 14, T. 6 S., R. <br />78 W. of the 6th P.M. at a point 1000 feet from the West Section line and 1400 feet from the <br />North Section line of said Section 14. The Miners Creek Ditch runs approximately 2,400 feet in <br />an easterly direction where it discharges into a tributary of North Barton Gulch, which, in turn, <br />discharges into the Blue River. <br /> <br />(c) Source: The source for Miners Creek Ditch is the East Fork of Miners <br />Creek, tributary to Miners Creek, tributary to the Blue River. <br /> <br />(d) Amount: 2 cfs absolute. <br /> <br />(e) . Date of Appropriation. June 1, 1910. The appropriation date is based <br />upon the fact that Miners Creek Ditch has diverted water from the East Fork of Miners Creek <br />into a tributary of North Barton Gulch since at least June 1, 1910. <br /> <br />.(t) ~. The water right is used by exchange for domestic, municipal, <br />commercial, industrial, fire protection, irrigation, recreation, fish and wildlife propagation, <br />reservoir evaporation and augmentation purposes. . <br /> <br />5. Right of Exchange. The Miners Creek Ditch is a transbasin diversion by which <br />water from the East Fork of Miners Creek and Miners Creek is diverted and transported to a <br />tributary of North Barton Gulch, which then empties into 'the upper Blue River approximately 1 <br />mile upstream of the confluence of the Blue River and Swan River. The water diverted by <br />Miners Creek Ditch is imported into the upper Blue River and is thus not part of the instream <br />flow decreed for the upper Blue River in Case Nos. 86CW204 and 86CW217. Therefore, ~Iii~ <br />~tmtli~~1f~ Breckenridge is entitled to exchange <br />upon said imported water, as against any existing or future water rights on the Blue River <br />upstream of Dillon Reservoir!, illl'flrtielll!lf the ift3t!elllll. fie :.3 aeeree.:l for the 1:Ipper Bltle Ri. er <br />in Ca3e n:;3. 86CW:Z81 and 86CW:Z17. Accordingly, for every increment of water imported <br />from the East Fork of Miners Creek into the upper Blue River, Breckenridge shall have the right <br />to exchange an equal amount of another water right upstream from any point of diversion or <br />storage on the Blue River at or above Dillon Reservoir to the point at or below Goose Pasture <br />Tarn which is located within the Town of Blue River (referred to herein as the "Upstream <br />Exchanges"). <br /> <br />6. Findings of the Referee. The Referee does hereby find that the statements in the <br />application are true and that Breckenridge is entitled to the absolute water right and exchange <br /> <br />sb0409 <br /> <br />-2- <br />