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<br />. ~'~"\ <br />, -::;l~)r"- ,I: ;_ "'1cL1W <br />""\~'S i ~ r; <br />\'\ '\.. lll'il\ .'\ . r' THE DISTRICT COURT IN AND <br />l~ , \.,'(>.R ~ i9'O'IMS:.II !':c; <br />\ \,1>"" 0" FOR WATER DIVISION NO. 5 <br />\ ,'. "Bt:\l>RU ~.'.c <br />\.0'. ""';,,,~\J STATE uF' COLORADO <br />~\\~.'j.~'i~I(;,i;.,i '-'.' ~LPv'\L <br />~ (. ' <br />Application No. 79CW189 <br /> <br />F I LED <br />IN WATER COURT <br />Div..is.i.on No. 5 <br /> <br />IN THE MATTER OF THE APPLICATION <br />FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD ON BEHALF OF THE <br />PEOPLE OF THE STATE OF COLORADO <br />IN THE ROARING FORK RIVER <br />OR ITS TRIBUTARIES <br />TRIBUTARY INVOLVED: NO NN1E CREEK <br />IN PITKIN COUNTY <br /> <br /> <br />__~~1o.~;;~~:~u~.LERK . <br /> <br />RULING OF REFEREE <br /> <br />The above entitled app~ication was filed on July 23, 1979, <br /> <br /> <br />and was referred to the und~rsigned as Water Referee for Water <br /> <br />Division No.5, State of Colorado, by the Water Judge of said Court <br /> <br />on the 2nd day of August, 1979, in accordance with Article 92 of <br />Chapter 37, Colorado Revised Statutes 1973, known as The Water Right <br /> <br />Determination and Administr?tion Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as <br /> <br />are necessary to determine ~hether or not the statements in the <br /> <br />application are true and haying become fully advised with respect to <br /> <br />the subject matter of the application does hereby make the following <br /> <br />determination and ruling as the 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 No Name Creek. <br /> <br />3. The name of the claimant and address is The Colorado Water <br />Conservation Boardi 823 State Centennial Buildingi 1313 Sherman Streeti <br />Denver, Colorado. <br /> <br />4. The source of the water is No Name Creek, tributary to Hunter <br />Creek, tributary to the Roaring Fork River. <br /> <br />5. <br />claimed: <br />point of <br />upstream <br />N.; Long <br /> <br />Description of beginning and end points of minimum stream flow <br />the natural stream' channel from the Frying Pan-Arkansas Project <br />diversion at Lat. 39011'03" N.; Long. 106 43'08" W. as the <br />ter0inus, and its confluence with Hunter Creek at Lat. 39011'47" <br />106 43'08" W. as the downstream terminus. <br /> <br />6. The use of the water is to appropriate such minimum stream flow <br />as are required to preserve the natural environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is January 31, 1979. <br /> <br />8. The amount of water claimed is 1.0 cubic foot of water per <br />second of time. <br /> <br />9. The water was first applied to the above beneficial use on <br />January 31, 1979, by action, of the Colorado Water Conservation Board <br />under the provisions of CRS.1973, 37-92-102(3), 37-92-103(3) (4) (10). <br /> <br />10. This appropriation is made under the prov~s~ons of CRS 1~/3, <br />37-92-102 (3), 37-92-103 (3) (4) (10), known as Senate bill 97, signed <br />into law April 23, 1973. <br />