ISFAPP00252

• Case Number: 85CW0266
• Stream Name: Deep Creek
• Watershed: Elk Creek
• Water Division: 5
• Water District: 39
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

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(IV)
Colorado Water Conservation Board
Ruling of Referee
Page No. 2

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85CW266

9. The water was first applied to the above beneficial use on May 3,
1985, by action of the Colorado Water Conservation Board under the provisions
of C.R.S. 37-92-102(3), 37-92-103(3), (4), (10).

The Referee does therefore conclude that the above entitled Application
should be granted and that 2.0 cubic feetOf water per second of time are
hereby awarded for the purpose of maintaining a minimum stream flow as
required to preserve the natural environment to a reasonable degree on Deep
Creek, between the beginning and end points as described in paragraph 5 above,
with appropriation date of May 3, 1985, absolutely and unconditionally;
subject, however, to all earlier priority rights of others and to the
integration and tabulation by the Division Engineer of such priorities and
changes of rights in accordance with law; and provided that the Applicant
herein shall construct and maintain at its expense a suitable measuring device
or gauging station as approved by the State Engineer or his representative for
the purpose of administering this water right as required by law.

It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.

It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.

Dated ~()AJ/Z'f 2,4) ~t5>t. .

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Copy of the foregoing mell.dlio all'
Cour;:I.O.!..\~tord~w.ter
Refe 'v, EJllIin...r~7d rIP

(i~~~l' -,,-,
."., CI Wa'_ Div.No. 5

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BY THE REFEREE:

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Re eree -
ter Division No. 5
State of Colorado

No protest was filed in this matter. The foregoing Ruling is confirmed
and approved, and is made the Judgment and Decree of this court.

Dated

Water Juage