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<br />No. 94CW20 <br /> <br />1. The name and address of the Applicant is: <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br />(303) 866-3441 <br /> <br />2. All notices required by law of the filing of this Application have been fulfilled and <br />the Court has jurisdiction of this Application and all parties affected thereby, whether or not they <br />have chosen to appear. C.R.S. ~ ~ 37-92-203 and 37-92-302. <br /> <br />3. Timely Statements of Opposition were filed by James Guercio and Water Users <br />Assoc. of Dist. No.6. All objectors have stipulated to the entry of this Ruling and Decree. All of <br />the stipulations have been filed with the Court. On June 8, 1995, the Division Engineer submit- <br />ted a Summary of Consultation and the Referee has given it due consideration. <br /> <br />4. By this application, the CWCB seeks a water rights decree as follows: <br /> <br />A. The name of the stream involved: North Boulder Creek (instream flow). <br /> <br />River. <br /> <br />B. The source of the water is: North Boulder Creek, tributary to the South Platte <br /> <br />C. Legal description of the stream segment through which an instream flow is <br />claimed: The instream flow segment shall be the natural stream channel of North Boulder Creek <br />from the Silver Lake Diversion Structure at latitude 400 00'49" Nand longitude 105033'28" W, <br />in the NW/4, NW/4, Sec. 34, TIN, R73W, 6th P.M. as the upstream terminus and extending to <br />the Lakewood Reservoir North Boulder Creek Inlet in the NE/4, SE/4, Sec. I, TIS, R73W, 6th <br />P.M. as the downstream terminus, being a total distance of approximately 4.0 miles. This <br />segment can be located on the Ward and Nederland U.S.G.S. quadrangles. <br /> <br />D. Use of the water: Instream flow to preserve the natural environment to a <br />reasonable degree. The CWCB has made the determination that the natural environment will be <br />preserved to a reasonable degree by the water available from the donation referenced below in <br />Case No. 90CWl93 and for appropriation; that there is a natural environment that can be <br />preserved to a reasonable degree with the water right granted herein; and such environment can <br />exist without material injury to senior water rights. These determinations are confirmed by this <br />decree. <br /> <br />E. Date of initiation of appropriation: November 10, 1993. <br /> <br />2 <br />