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<br />s' <br /> <br />O~ <br />~~ <br />J1-D/Bb <br /> <br />DISTRICT COURT. WATER DIVISION NO.5. COLORADO <br /> <br />------------------------------------------------------------------------------- <br /> <br />Application No. 86CW221J <br /> <br />------------------------------------------------------------------------------- <br /> <br />RULING OF REFEREE <br /> <br />------------------------------------------------------------------------------- <br /> <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO. IN THE <br />COLORADO RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: PINEY RIVER. IN EAGLE v' <br />COUNTY <br /> <br />------------------------------------------------------------------------------- <br /> <br />The above entitled Application was filed on August 20. 1986. and was <br />referred to the undersigned as Water Referee for Water Division No.5. State <br />of Colorado. by the Water Judge of said Court on the 11th day of September. <br />1986. in accordance with Article 92 of Chapter 37. Colorado Revised Statutes <br />1973. known as The Water Right Determination, and Administration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as are <br />necessary to determine whether or not the statements in ,the Application are <br />true and having become fully advised with respect to the sUbject matter of the <br />Application does hereby make the following determination and Ruling as the <br />Referee in this matter. to-wit: <br /> <br />1, The statements in the Application are true. <br /> <br />2. The name of the stream involved is Piney River. ~ <br /> <br />3, The name and address of the Claimant: Colorado Water Conservation /' <br />Board; 1313 Sherman Street. Suite 721; Denver. Colorado 80203. <br /> <br />4. The source of the water is Piney River. tributary to the Colorado ~ <br />River. <br /> <br />5. Legal description of the stream segment through which an instream <br />flow is claimed: The natural stream channel from the confluence with Meadow <br />Creek at lat. 39043'47" N.. long. 106027'35" W. as the upstream terminus and ~ <br />extending to the confluence with the North Fork Piney River at lat, 39046'00" <br />N.. long, 106029'35" W. as the downstream terminus. being a distance of <br />approximately 3.2 miles. For administrative purposes only. the Division eh~ <br />Engineer for Water Division 5 has translated such legal descriptions into p~ <br />approximate protracted section. township. and range locations from U.S.G.S. \ ~\s <br />mapping as follows: Upstream terminus in the NW/4NE/4 S. 9. T. 4 S.. R. 81 W. <br />6th P.M.. more specifically at a point Whence the SW Corner of said S, 33 O~ <br />bears N. 08030' E. a distance of 27.250 ft.; downstream terminus in the <br />SW/4SW/4 S. 29. T. 3 S.. R. 81 W.. 6th P.M.. more specifically at a point <br />whence the SW Corner of S. 30. T. 3 S.. R. 81 W. bears N, 83030' E. a distance <br />of 6.100 ft. <br /> <br />6. The use of the water is to appropriate such minimum stream flows as ~ <br />are required to preserve the natural environment to a reasonable degree. <br />