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<br />IN THE DISTRICT COURT IN AND FOR <br />WATER DIVISION NO. 7 <br />STATE OF COLORADO <br />CASE NO.W~1764-?7 <br /> <br />FILE'])ll <br />INDIUlllleTeOUfJ;TU II <br />WATI/:R CIV1,.JON' 1 <br />\)U".>!{jQ.eOLO"AQ(f <br />AUQ 1 7 1981 <br /> <br />~ <br /> <br />r;g t( C! <br /> <br />v <br /> <br />,\ <br />.'" <br /> <br />IN THE MATTER OF THE APPLICATION <br />FOR WATER RIGHTS OF COLORADO WATER <br />CONSERVATION BOARD ON BEHAtF OF <br />THE PEOPLE OF THE STATE OF COLORADO <br />IN THE ANIMAS RIVER WATERSHED IN <br />LA PLATA COUNTY <br /> <br />AMENDED ~ OF. THE REFEREE <br /> <br />Application Filed: <br /> <br />Dec. 30, 1977 <br /> <br />1. Applicant: The ColoraGo Water Conservation Board <br />1313 Sherrnqn Street <br />Denver, Colorado 80203 <br /> <br />2. Name of ditch or other structure: <br /> <br />FLORIDA RIVER <br /> <br />3. Point of diversion: Stream channel from confluence with Salt Creek, in Sec. 2, T.33N., <br />R.9W., N.M.P.M. as the upstream terminus & confluence with Animas River in Sec. 6, T.32N., <br />R.9W., N.M.P.M. as the downstream' terminus. Florida River, Animas River watershed. <br /> <br />4. Means of diversion: g~avity flow in stream <br /> <br />5. TYpe of use: to insur~ the preservation of'a m~n~mum stream level to protect the nat~ral <br />environm~nt to a reasonable degree. <br />6. Amount of water: 20.0 ~.f.s. ABSOLUTE FOR HIGH PERIOD & 12.0 c.f.s. ABSOLUTE FOR LOW <br />PERIOD. FLOWS DEFINED AS BEGINNING OCTOBER 15th & ENDING JUNE 30 th FOR THE HIGH PERIOD & <br />BEGINNING JULY 1st & ENDING OCTOBER 14th FOR THE LOW PERIOD. APPLICANT WILL NOT USE THIS WATER <br />RIGHT AS A BASIS ON WHICH TO OPPOSE THE CONSTRUCTION OF ANY WELL AS DEFINED IN C.R.S. 1973, <br />37-92-602 (1) WHICH IS NOT Pl\RT OF A PLAN FOR AUGMENTATION O:R WATER SUPPLY PLAN AND WHICH IS <br />TRIBUTARY TO THAT SEGMENT O~ THE FLORIDA RIVER DESCRIBED IN THISrAPPLICATION, SO LONG AS THE <br />TEN-YEAR CUMULATIVE AVERAGE OF THE FLOW MEASURED AT THE u.s.G.S.~GAGING STATION AT BONDAD, <br />COLORADO'DURING ANY MONTH, ~OES NOT FALL BELOW THE AMOUNT OF THIS APPROPRIATION. APPLICANT <br />DOES NOT WAIVE ITS RIGHT TO USE THIS WATER RIGHT AS A BASIS TO RAISE ANY OTHER OBJECTIONS AT <br />ANY OTHER TIME. <br /> <br />APPLICANT WILL INSTALL ~ND MAINTAIN MEASURING DEVICES A~ RECORDERS AND KEEP PROPER <br />RECORDS AS REQUIRED BY THE COLORADO DIVISION OF WATER RtSOURCES. <br /> <br />APPLICANT'S RIGHTS ARE SUBJECT TO ALL SENIOR RIGHTS AS ~RE NOW OR WILL HEREAFTER BE <br />DETERMINED BY LAW. <br /> <br />7. Priority of water right: <br /> <br />January 19, 1977 <br /> <br />The priority here awarded shall be junior to all priorities awarded in previous years. As <br />between all rights adjudicated this calendar year, priorittes shall be determined by historica <br />dates of appropriation and not ~ffected by the date of ent~y of this ruling. <br /> <br />It is the ruling of the Referee that the statements in the application are true and that the <br />above described water right is approved and granted the inQicated priority. <br /> <br />Dated <br /> <br />AUG 1 7 1981 <br /> <br />dJt~ <br /> <br />No protest was filed in this ~~tter. <br />The foregoing rulinG i3 -confirmod <br />and approved, and is mode the <br />Judgment and Decree at this <br />SEP - 8 1981 <br /> <br />William S. Eakes, Water Judge <br />.acting as Water Referee <br /> <br />Water Judge <br /> <br /> <br />.Jated: <br />,I" <br /> <br />~, <br />I <br />, <br />