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<br />~ '*' <br />~l' .16" <br />I?-''?~ <br /> <br />DISTRICT COURT, WATER DIVISION NO.5, COLORADO <br /> <br />------------------------------------------------------------------------------- <br /> <br />Application No. 86C~1212 / <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 STkTE OF COLORADO, IN THE <br />COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: SMITH CREEK, IN GRAND 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 fdr 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 Smith Creek./' <br /> <br />3. The name and address of the Claimant: Colorado Water Conservation <br />Board; 1313 Sherman Street, Suite 721; Denver, Colorado 80203. v <br /> <br />4. The source of the water is Smith Creek, tributary to Corral Creek, ~ <br />tributary to the Colorado River. <br /> <br />5. Legal description of the stream segment through which an instream <br />flow is claimed: The natural stream channel from headwaters in the vicinity <br />of lat. 40008'16" N., long. 106008'44" W. as the upstream tenninus and V <br />extending to confluence with Corral Creek in NE/4NE/4 S. 36. T. 2 N., R. 79 W. <br />6th 'P.M. as the downstream terminus, being a distance of approximately 4.2 <br />miles. For administrative purposes only. the Division Engineer for Water ~ <br />Division 5 has translated upstream terminus as being in the SE/4NE/4 S. 17, T. 0S <br />2 N., R. 78 W. 6th P.M.; more specifically at a point whence the Sl~ Corner of 01/ <br />said Section 17 bears N. 53030' E. a distance of 5.175 ft. in former Water r- <br />District 51. <br /> <br />6. The use of the water is to appropriate such minimum stream flows as v' <br />are required to preserve the natural environment to a reasonable degree. <br /> <br />7. The date of initiation of Appropriation is March 14, 1986.Y' <br />./ <br />8. The amount of water claimed is 1.0 cubic feet of water per second of <br />time, absolute, OR ~ NA11JeJ\l, FI.-OINI W\t1C\tE.Y~ is L6'SS. <br /> <br />'*- <br />