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<br />IiiL"ED
<br />IN THE DIST~U'-=:T Co-L~T
<br />IN THE DISTRICT COURT IN AND FOR ',1','.','1:::0 l);~;T[(!(;T ,f.)
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<br />WATER DIVISION NO, 4
<br />STATE OF COLORAOO
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<br />Case No, 2376
<br />
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<br />
<br />IN THE MATTER OF THE APPLICATION FOR WATER
<br />RIGHTS OF THE COLORADO WATER CONSERVATION
<br />BOARO, ON BEHALF OF THE PEOPLE OF THE STATE
<br />OF COLORADO, IN THE GUNNISON RIVER OR ITS
<br />TRIBUTARIES; TRIBUTARY INVOLVED: TEXAS
<br />CREEK, IN GUNNISON COUNTY
<br />
<br />RULING OF WATER REFEREE
<br />
<br />The applicant, The Colorado Water Conservation Board, on behalf of the
<br />people df the State of Colorado. c/o their attorney, Raphael J, Moses; P. 0,
<br />Box 1440, Boulder, Colorado 80302, claims the right to use 25 c.f.s., or the
<br />natural undepleted flow of Texas Creek. whichever is less. for the preserva-
<br />tion of the natural environment. Date of filing: October 17, 1974.
<br />
<br />No opposition has been filed.
<br />
<br />FINDING OF FACT
<br />
<br />The appropriation herein described is Texas Creek, which is a tributary
<br />to the Taylor River. tributary of the Gunnison River, in Gunnison County and in
<br />old Water District No, 59, .
<br />
<br />There is no diversion; the application is for in-stream use on Texas
<br />Creek from its point at which said creek enters the NWy. of Section 2, Town-
<br />ship 14 South, Range 82 West, N.M.P.M.. to the highwater line of Taylor Park
<br />Reservoir on the Taylor River.
<br />
<br />The appropriation by the State of Colorado of such minimum flows is
<br />for the purpose of preserving the natural environment to a reasonable degree.
<br />
<br />The date of initiation of the appropriation was September 19, 1974,
<br />by action of the Colorado Water Conservation 80ard under the provisions of
<br />Section 148-21-3(6), (7) and (10), as amended, ,
<br />
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<br />
<br />25 c.f.s. of water. or the natural undepleted flow, whichever is less,
<br />is claimed absolute for the preservation of the natural environment.
<br />
<br />R U L I N G
<br />
<br />IT IS THE RULING OF THE REFEREE that water has been appropriated in
<br />accordance with the provisions of Section 148-2lC3(6), (7) and (10), as
<br />amended by Senate Bill 97. signed into law April 23, 1973, and that Texas
<br />Creek is APPROVED AND GRANTED an ABSOLUTE DECREE for the use and benefit of
<br />the parties lawfully entitled thereto. for an amount of water not to exceed
<br />25 c.f.s,. or the natural undepleted flow. whichever is less, for the
<br />purpose of maintaining such minimum flows in the stream bed asare required
<br />to preserve the natural environment to a reasonable de9ree. with an appropria-
<br />tion date of September 19. 1974. '
<br />
<br />PROVIDED, HOWEVER. that this decree is subject to any and all 'rights
<br />with prior decrees,
<br />
<br />DATED
<br />
<br />l',.ja1~ .J/I, /q"s-
<br />
<br />E. L. WILSON
<br />
<br />~~o 'pl'otest ":lI'A!t filod 1n t.hfg lTI11tter.
<br />..ha toregoing rUling is confirmed
<br />nd approved, and is made tho
<br />...Udgznent and :Dacra:l of this court.
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