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<br />84CW270 <br />La Plata River <br />Colorado Water <br />Conservation Board <br /> <br />d. The District will not challenge the existence <br />or exercise of the Board's instream flow water right awarded <br />herein, now or at aAY time in the future, on the basis that the <br />Board's water right violates any provision of SS 37-92-102, <br />37-92-103, or 37-92-305, C.R.S. (1973 & 1988 Supp.). <br /> <br />5. The District has agreed to withdraw its statement of <br />opposition to the application herein based upon the inclusion of <br />the terms and conditions of Exhibit A into any decree awarded <br />herein. <br /> <br />6. The court has jurisdiction over the parties, over the <br />subject matter of this application, over the subject matter of <br />the stipulation entered into by the parties herein, and over <br />water users who may be affected, whether they have appeared or <br />not. <br /> <br />7. The application seeks a determination of an instream <br />flow water right on the La Plata River as follows: <br /> <br />a. The name of the structure: La Plata River in- <br /> <br />stream flow. <br /> <br />b. The legal description of the structure: The <br />natural stream channel from the outlet of Upper Lake at lat. <br />37027'24"N, long. 108002'04"W as the upstream terminus and <br />extending to the Hay Gulch Irrigation Ditch at lat. 37017'09"N, <br />long. 108002'22"W as the downstream terminus, being a distance of <br />approximately 13.8 miles. This segment can be located on the <br />Hesperus and La Plata U.S.G.S. quadrangles. <br /> <br />For administrative purposes only, the Division Engi- <br />neer has translated these legal descriptions of the stream ter- <br />mini into approximate protracted section, township, and range <br />location from U.S.F.S. mapping as follow: upstream terminus in <br />the SW/4, SE/4, NW/4, sec. 24, T37N, RllW, N.M.P.M.; downstream <br />terminus in the NE/4, SE/4, SW/4, sec. 14, T35N, RllW, N.M.P.M. <br /> <br />c. The source of water: La Plata River. <br /> <br />d. The date of appropriation: July 13, 1984. <br /> <br />e. the amount of water claimed: 5.0 c.f.s. ABSO- <br />LUTE (November 1 through March 31); 9.0 c.f.s. ABSOLUTE (April 1 <br />through October 31). <br /> <br />f. The use of the water: To maintain such minimum <br />flows as are required to preserve the natural environment to a <br />reasonable degree pursuant to SS 37-92-102 and 103, C.R.S. (1973 <br />& 1988 Supp.). No diversion of the water right herein will be <br /> <br />-3- <br />