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<br />-:!,; <br /> <br />.>. <br /> <br />'., <br /> <br />DISTRICT COURT, WATER DNISION 5 <br />COLORADO <br /> <br /> <br />n:::':~ .. ,- '::" <br /> <br />109 8th Street, #104 <br />Glenwood Springs, CO 81601 <br />Concerning The Application For Water Rights Of: <br /> <br />SEP {) "' 2004 <br /> <br />WATE!-l F.,'~SC"J!'!::E:: <br />ST A','.: _. '1I,(.~.:.~ <br />COLO. <br /> <br />COLORADO WATER CONSERVATION BOARD, <br />IN BITTER CREEK, A NATURAL STREAM, <br />IN THE WATERSHED OF THE WHITE RIVER, <br /> <br />IN GARFIELD COUNTY, COLORADO. <br /> <br />KEN SALAZAR, Attorney General <br />LINDA 1. BASSI"', First Assistant Attorney General <br />ALEXANDRA L. DA VIS*, Assistant Attorney General <br />1525 Sherman Street, 5th Floor <br />Denver, CO 80203 <br />(303) 866-5047 and (303) 866-5713 <br />Registration Numbers: 24468 and 24531 <br />*Counsel of Record <br /> <br />..... COURT USE ONLY ..... <br />Case No.: 03CW266 <br /> <br />Div.: 5 <br /> <br />FINDINGS AND RULING OF REFEREE AND DECREE OF THE WATER COURT <br /> <br />This Application was filed on December 17, 2003, and was referred to the Water <br />Referee for Water Division No.5, in accordance with C.R.S. g ~ 37-92-101, et seq. All <br />notices required by law of the filing of this Application have been fulfilled and the <br />Referee has jurisdiction of this Application. Trout Unlimited filed a timely Statement of <br />Opposition. All parties filing Statements of Opposition have either reached Stipulations <br />with the CWCB, withdrawn their Statement of Opposition, or otherwise approved the <br />terms contained herein. On April 20, 2004, the Division Engineer submitted a Summary <br />of Consultation and the Referee has given it due consideration. <br /> <br />Having made such investigations as are necessary to determine whether the <br />statements in the Application are true and being fully advised with respect to the subject <br />matter of the Application; <br /> <br />THE WATER REFEREE FINDS AS FOLLOWS: <br /> <br />1. The name and address of the applicant is: <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br />(303) 866-3441 <br /> <br />2. The name of stream involved: <br />Bitter Creek (instream flow) <br />