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<br />~ <br /> <br />...,.'"'-~ <br />d' -, ",J . <br /> <br />" <br /> <br />, .....-:- <br /> <br />'~ ,.' <br /> <br />'~''''. ... <br /> <br />RECEIVED <br /> <br />IN THE DISTRICT COURT IN AND <br /> <br />JUN 1 81974 <br /> <br />FOR WATER DIVISION NO. 5 <br /> <br />! <br />,",., ! <br />Div i~ion r.w. ..1 ~ <br />L[i.. ~ 9 'P::7~1 . f <br />gl~1~~ <br /> <br />F I L E'; <br />IN WATE.'. <br /> <br />COLO. WATER <br />CONSERVATION BOARD <br /> <br />STATE OF COLORADO <br /> <br />Application No. W-1948 <br /> <br />~N THE MATTER OF THE APPLICATION <br />FOR WATER RIGHTS OF THE COLORADO <br />WATER CONSERVATION BOARD, ON <br />BEHALF OF THE PEOPLE OF THE STATE <br />OF COLORADO, IN "THE FRYING PAN <br />RIVER IN PITKIN COUNTY <br />- . <br /> <br />RULING or <br />REFEREE <br /> <br />1I'l Cli." <br /> <br />The above entitled matter having been referred to the undersigned as <br /> <br />Water Referee for Water Division No.5, State of ColoradO, by the Water'Judge of <br /> <br />said Court on the 17th day of July, 1973, in accordance with Article 21 of Chapter <br /> <br />148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), <br /> <br />known as The Water Rights Determination and Administration Act of 1969. <br /> <br />And the undersigned Referee having,made such investigations as are <br /> <br />necessary to determine whether or not the statements in the application, and <br /> <br />statements of opposition, are true and having become fully advised with respect to <br /> <br />the subject matter of the application, and statements of opposition, does hereby <br /> <br />make the following determination and ~uling as the Referee in this matter_, to-wit: <br /> <br />1. The statements in the application'~and in the Statement of Oppos-ition <br />are true. <br /> <br />2. There is no ditch or structure involved; however, for the purpose of <br />identification, the water right will be called Upper Fryingpan River. <br /> <br />3. The name of claimant and address is: The Colorado Water Conservation <br />Board, 1845 Sherman Street, Denver, Colorado. <br /> <br />4. The source of the water is the Upper Frying Pan River. <br /> <br />5. There is no diversion. The application is for instream use on the <br />Fryingpan River from a point immediately below its confluence with <br />Marten Creek to a point immediately above the confluence of the <br />Fryingpan River and the South Fork of the Fryingpan River. <br /> <br />6. The proposed use of the water is to maintain such minimum flows as <br />are required to preserve the natural environment to a reasonable <br />degree. <br /> <br />7. The date of initiation ~f appropriation is July 12, 1973. <br /> <br />8. The water was first applied to the above beneficial use on July 12, <br />1973, by action of the Colorado Water Conservation Board under the <br />provisions of Sec. 148-21-3(6), (7), and (10), as amended. <br /> <br />9~ The amount of water ~laimed,is "12.0 cubic feet per second of time <br />during the period from April 1 to September 30; and 6.0 cubic feet <br />per second of time during the period from October 1 to March 31. <br /> <br />10. rhis appropriation to maintain minimum stream flow is made under the <br />provisions of Section 148-21-3(6), (7), and (10) as amended by Senate <br />Bill 97, signed into law April 23, 1973. <br />