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<br />o'~,: '-~" IN THE DISTRICT COURT IN AND
<br />....-",. N^R 2 1981
<br />FOR WATER DIVISION NO, 5
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<br />~~'V,. " .'Oo\'-~ Ap~lication No. 79CW187
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<br />\>~ ~~ MATTER OF THE APPLICATION
<br />_~~WATER RIGHTS OF THE COLORADO WATER
<br />cPtONSERVATION 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: MIDWAY CREEK
<br />IN PITKIN COUNTY
<br />
<br />IF I LED
<br />IN WA,TE,K C,'O:";RT
<br />Division No.5
<br />~':~t'illi':'Oi
<br />ATE O~:t~(L
<br />____..__~_t.~:.:~~.~.~._~~~:.~. '\
<br />BY DCI'lI1,
<br />
<br />,:)'.1'A'l'E Of
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<br />RULING OF REFEREE
<br />
<br />The above entitled application was filed on July 23, 1979, was
<br />amended on October l2[ 1979, and was referred to the undersigned as
<br />
<br />Water Referee for Water Division No.5, State of Colorado, by the
<br />
<br />Water Judge of said Court on the 2nd day of August, 1979, and again,
<br />after amendmentt on November 16, 1979, in accordance with Article 92
<br />
<br />of Chapter 37, Colorado Revised Statutes 1973, known as The Water
<br />
<br />Right Determination and Administration Act of 1969.
<br />
<br />And the undersigned R~feree having made such investigations as
<br />are necessary to determine whether or not the statements in the
<br />
<br />application are true and having 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 Midway Creek.
<br />
<br />3. The name of the claimant and address is The Colorado Water
<br />Conservation Board; 823 State Centennial Building; 1313 Sherman Street;
<br />Denver, Colorado.
<br />
<br />4. The source of the ~ater is Midway Creek, tributary to Hunter
<br />Creek, tributary to the Roaring Fork River.
<br />
<br />5. Description of beginning and end points of minimum stream flow
<br />claimed: the natural stream channel from the Fr~ing Pan-Arkansas Project
<br />diversion point at Lat. 39011'25" N.; Long. 106 41'02" W. as the up-
<br />stream terminus, ando..Lat. 39011159" N,; Long. 106041'36" W. as the down-
<br />stream terminus .L""NF'- ~ ~fE~ tr
<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 />B. The amount of water claimed is 2.5 cubic feet 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 Boare l."<,)dcr
<br />the provisions of CRS 1973,37-92-102(3),37-92-103(3)(4)(10).'
<br />
<br />10. This appropriation is made under the provisions of CRS 1973,
<br />37-92-102(3), 37-92-103(3) (4) (10), known as Senate Bill 97, signed into
<br />law April 23, 1973.
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