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<br />. <br /> <br />. <br /> <br />.' <br /> <br />(III) <br />Colorado Water Conservation Board <br />Ruling of Referee <br />Page 2 <br /> <br />85CW257 <br /> <br />9. The water was first applied to beneficial use on May 3. 1985..by <br />action of the Colorado Water Conservation Board under the provisions of C.R.S. <br />37-92-102-(3). 37-92-103(3).(4).(10). <br /> <br />10. There is an existing undecreed exchange between the Lake Creek and <br />Pool Oitch. Priority No. 439 for 5.0 cubic feet of water per second of time <br />and Priority No. 471 G for 2.0 cubic feet of water per second of time. and <br />also the Soldier Creek Ditch. Priority No. 465 for 4.30 cubic feet of water <br />per second of time and Priority No. 471 F for 2.70 cubic feet of water per <br />second of time. and an undecreed ditch which diverts water from Cathedral <br />Creek approximately 100 feet upstream from the confluence of Cathedral Creek <br />and Soldier Creek. The point of diversion of the Lake Creek and Pool Ditch is <br />located on the right bank of Lake Creek at a point whence Angle Point No. 3 of <br />Tract 37. Section 25. T. 3 S.. R. 100 W. of the 6th P.M. bears N. 37"56' E. <br />988 feet. The point of diversion of the Soldier Creek Ditch is located on the <br />right bank of Soldier Creek at a point whence the Quarter Corner between <br />Sections 25 and 26. T. 3 S.. R. 100 W. of the 6th p.M. bears N. 23"00' W. <br />2.477 feet. This exchange occurs during the irrigation season and involves <br />the entire amount of water decreed to the Lake Creek and Pool Ditch and the <br />Soldier Creek Ditch. <br /> <br />11. The Ruling of Referee dated February 24. 1986 is hereby cancelled. <br /> <br />The Referee does therefore conclude that the above entitled app11cat10n <br />should be granted and that 1.50 cubic feet ~f water per second of time are <br />hereby awarded for the purpose of maintaining a minimum stream flow as <br />required to preserve the natural environment to a reasonable degree on <br />Cathedral Creek. between the beginning and end points as described in <br />paragraph 5. above. with appropriation date of May 3. 1985. absolutely and <br />unconditionally; subject. however. to all earlier priority rights of others <br />and to the integration and tabulation by the Division Engineer of such <br />priorities and changes of rights in accordance with law; and provided that the <br />applicant herein shall construct and maintain at its expense a suitable <br />measuring device or gauging station as approved by the State Engineer of his <br />representative for the purpose of administering this water right as required <br />by law. <br /> <br />The water right awarded herein is subordinate to the undecreed existing <br />exchange as set forth in paragraph 10 above. pursuant to C.R.S. 37-92-102(3). <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the Water <br />Clerk. subject to Judicial review. <br /> <br />it is further ORDERED that a copy of this Ruling shall be filed with the <br />appropriate Division Engineer and the State Engineer. <br /> <br />Dated I!PLIL Z'Z. /9J'- <br />. <br /> <br /> <br />BY THE REFEREE <br /> <br />~r~ <br /> <br />Water Division 5 <br />State of Colorado <br />