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<br />5. The Co-applicants seek a decree approving a change of water right for the following <br />described water storage right: <br /> <br />a. Name of reservoir: Steamboat Lake <br /> <br />(1) Date of Decree: July 12, 1990 <br />Case No.: 90-CW-Ol <br />Water Division No.6 <br /> <br />(2) Date of appropriation: May 15, 1968. <br />Amount: 3300 acre-feet, absolute. <br /> <br />(3) The legal description of the point of diversion: <br /> <br />NE/4 NW/4 Section 32, TlON, R85W, 6th P.M., at a <br />point from whiclJ. the Northwest corner of Section 29, <br />nON, R85W, bears North 19. West 6,410 feet <br /> <br />(4) The source of the water is Willow Creek, a tributary of the Elk <br />River, which is a tributary of the Yampa River. <br /> <br />(5) Decreed beneficial uses: Municipal, fishery, recreation, industrial, <br />and irrigation of 1,000 acres located below Steamboat Lake in the <br />Elk and Yampa River drainages. <br /> <br />6. By this Decree, an additional beneficial use is approved for 3,155 acre-feet of the <br />water stored under the priority awarded in Case No. 90CWOl for use for instream flows to preserve <br />the natural environment to a reasonable degree, provided that such additional use will be made and <br />controlled only by the CWCB and that the cumulative amount released during anyone water year <br />comprised of water released pursuant to this decree ("enlargement water"), water released pursuant <br />to the decree in Case No. 95CW163 ("refill water"), or a combination of refill and enlargement <br />water does not exceed 3,155 acre-feet Storage of water under the new instream flow uses decreed <br />herein shall be administered using an effective appropriation date of December 7, 1995. <br /> <br />CONCLUSIONS OF LAW <br /> <br />7. The foregoing Findings of Fact are incorporated in these Conclusions of Law. <br /> <br />8. The Court has jurisdiction over the subject matter of these proceedings and over all <br />who have standing to appear as parties herein, whether they have appeared or not. The Court can <br />approve Co-applicants' requested change in water right pursuant to 99 37-92-203 and 37-92-302 to <br />305, 15 C.R.S. (1990). The procedures of those sections have been fully complied with. <br /> <br />2 <br />