ISFAPP00400

• Case Number: 86CW0230
• Stream Name: Black Gore Creek
• Watershed: Gore Creek
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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~ DISTRICT COURT. WATER DIVISION NO.5. COLORADO
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, Application No. 86C\~230

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RULING OF REFEREE

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IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER
CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO. IN'THE
EAGLE RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: BLACK GORE CREEK. IN
EAGLE COUNTY

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The above entitled Application was filed on August 20, 1986, and was
referred to the undersigned as Water Referee for Water Division No.5. State
of Colorado. by the Water Judge of said Court on the 11th day of September.
1986. in accordance with Article 92 of Chapter 37. Colorado Revised Statutes
1973. known as The Water Right Determination and Administration Act of 1969.,

And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the sUbject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter. to-wit:

1. The statements in the Application are true.

2. The name of the stream involved is Black Gore Creek.

3. The name and address of the Claimant: Colorado Water Conservation
Board; 1313 Sherman Street. Suite 721; Denver. Colorado 80203.

4. The source of the water is Black Gore Creek; tributary to Gore Creek.
tributary to Eagle River.

5. Legal description of the stream segment through which an instream
flow is claimed: The natural stream channel from lower Black Lake at lat.
39033'00" N.. long. 106013'21" W. as the upstream terminus and extending to '
the confluence with Gore Creek in the NW/4NW/4 S. 18. T. 5 S., R. 79 W. 6th
P.M. as the downstream terminus. being a distance of approximately 10.0
miles. For administrative purposes only. the Division Engineer for Water
Division 5 has translated the upstream terminus as being in the SE/4SE/4 S. 4.
T. 6 S.. R. 79 W. 6th P.M. " ,

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6. The use of the water is to appropriate such minimum stream flows as
are required to preserve the natural environment to a reasonable degree.

7. The date of initiation of Appropriation is May 9. 1986.

8. The amount of water claimed is 4.0 cubic feet of water per second of
time. absolute for October 1 through October 31. '

9.' The water was first applied to the above beneficial use on May 9.
1986. 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).