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<br />No. 95 CW 290 <br />Colorado Water Cons. Board <br /> <br />Egeria Creek (instream flow) . <br /> <br />3. The source of the water is: <br /> <br />Egeria Creek, tributary to the Colorado River. <br /> <br />4. Legal description of the stream segment through which <br />an instream flow is claimed. <br /> <br />The natural stream channel from the conflu- <br />ence of Toponas Creek at latitude 40002'II"N <br />and longitude 106046'54"W as the upstream <br />terminus and extending to the confluence of <br />Rock Creek in the NE/4, NW/4, Sec. 30, TIS, <br />R83W, 6th P.M. as the downstream terminus, <br />being a distance of approximately 9.8 miles. <br />This segment can be located on the <br />Toponas, Blue Hill and McCoy U.S.G.S. <br />quadrangles and is depicted on Exhibit A. <br /> <br />5. Use of the water: <br /> <br />Instream flow to preserve the natural environment to a <br />reasonable degree. <br /> <br />6. Date of initiation of appropriation: <br />November 6, 1995. <br /> <br />7. The water was first applied to th~ above beneficial use <br />on November 6, 1995, by action of the Colorado Water Conservation <br />Board under the provision of t.R.S. ~~ 37-92-102(3), <br />37-92-103 (3), (4), (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of <br />8.00 c.f.s. (April 1 - October 31); 2.00 c.t.s. (Nov 1 - March <br />31) . <br /> <br />9. CWCB acknowledges that some water in Egeria Creek has <br />been imported from water Division 6 to water Division 5 by <br />objector Flattops Ranch. Pursuant to ~ 37-92-102 (3) (a) this <br />instream flow appropriation shall not constitute a claim, bar, or <br />be used for any purpose whatsoever against the Flattops Ranch or <br />its successor in interest to prevent the usage of that water <br />imported into Division 5 from Division 6. <br /> <br />THE WATER REFEREE RULES: <br /> <br />2 <br />