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<br />. I~ [~ r, ~ ~ ~ IUi <br />DISTRICT COURT, WATER DIVISION NO.5, COLORADO . 1.';:; <br />-----------------------------------------------~~V---1~~------, <br /> <br />i Me <br />... Application No. 85CW262/85CW263 COLORADO WATER I F <br />----------------------------------------------ee~s~~V~TrrTIf8nARD----~ 1- ~~~~ <br />--8S'<...... ,~ <br /> <br />RULING OF REFEREE (2 of 2) <br /> <br /> <br />0(;, i . <br />.. i. <br /> <br />------------------------------------------------------------------------ <br /> <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO, IN THE <br />EAGLE RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: EAST FORK OF EAGLE RIVER, <br />IN EAGLE COUNTY <br /> <br />------------------------------------------------------------------------------- <br /> <br />The above entitled Application was filed on October 10, 1985, and was <br />referred to the undersigned as Water Referee for Water Division No.5, State <br />of Colorado, by the Water Judge of said Court on the 20th day of November, <br />1985, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes <br />1973, known as The Water Right Determination and Administration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as are <br />necessary to determine whether or not the statements in the Application are <br />true and having become fully advised with respect to the subject matter of the <br />Application does hereby make the following determination and Ruling as the <br />Referee in this matter, to wit: <br /> <br />1. The statements in the Application are true. <br /> <br />2. The name of the stream involved is East Fork of Eagle River. <br /> <br />3. The name and address of the Claimant: Colorado Water Conservation <br />Board; 1313 Sherman Street, Suite 721; Denver, Colorado 80203. <br /> <br />4. The source of the water is East Fork of Eagle River, tributary to the <br />Eagle River. <br /> <br />5. Description of beginning and end points of minimum stream flow <br />claimed: The natural stream channel from headwaters in the vicinity of lat. <br />390 21'55" N. long 1060 15'14" W. as the upstream terminus and extending to <br />the confluence with Cataract Creek in the SW/4 SE/4 S. 24 T. 7 S., R. 80 W., <br />6th P.M. as the downstream terminus, being a distance of approximately 6.4 <br />miles. This segment can be located on the Leadville North, Climax, Copper <br />Mountain, Pando U.S.G.S. quadrang1e(s). <br /> <br />For Administration purposes the upstream terminus is in the NE/4SE/4 S. 7 <br />T. 8 S. R. 79 W.; more specifically at a point 5350 feet East and 1400 feet <br />North of the SE Corner of S. 12 T. 8 S. R. 80 W. <br /> <br />6. On December 24, 1985, a Statement of Opposition was filed on behalf <br />of the City of Colorado Springs, Colorado. On December 30, 1985, a Statement <br />of Opposition was filed on behalf of the City of Aurora, Colorado. On January <br />8, 1986, the Water Referee re-referred the Application to the Water Judge. <br /> <br />7.. On October 16, 1986 at the Pretrial Conference, the Water Judge <br />approved the consolidation of Case Nos. 85CW262 and 85CW263. <br /> <br />8. On April 9, 1987, the Statements of Opposition were withdrawn and on <br />April II, 1987, the Application was re-referred by the Water Judge to the <br />Water Referee. The Water Referee has made no determination with respect to <br />the Statement of Opposition. <br />