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<br />) <br /> <br />No. 95 CW 291 <br />Colorado Water Cons. Board <br /> <br />3. The source of the water is: <br /> <br />Roan 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 headwa- <br />ters in the NE/4 NE/4, Sec. 19, T5S, RI00W, <br />6th P.M. as the upstream terminus and extend- <br />ing to the confluence of Carr Creek in the <br />NW/4, NE/4, Sec. 29, T6S, R99W, 6th P.M. as <br />the downstream terminus, being a distance of <br />approximately 15.0 miles. This segment can <br />be located on the Calf Canyon, Henderson <br />Ridge and Desert Gulch U.S.G.S. quadrangles <br />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 /> <br />November 6, 1995. <br /> <br />7. The water was first applied to the above beneficial use <br />on November 6, 1995, by action of the Colorado Water Conservation <br />Board under the provision of C.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 />1.75 c.f.s. (April 1 - October 31); 1.25 c.f.s. (November 1 - <br />March 31) . <br /> <br />9. The inundation provisions of Section ,8 on the Instream <br />Flow Rules and Regulations shall not apply to TOSCO's water right <br />in Trail Gulch Reservoir, decreed in Case No. W-6404, with an <br />alternative place of storage in Carr Creek, decreed in Case No. <br />79CW353, nor shall the existence of this instream flow right be <br />used as a reason to deny a finding of reasonable diligence for <br />TOSCO'swater right in Trail Gulch Reservoir, decreed in Case No. <br />W-6404, with an alternative place of .storage in Carr Creek, <br />decreed in Case No. 79CW353. <br /> <br />THE WATER REFEREE RULES: <br /> <br />:2 <br />