ISFAPP00777

• Case Number: 89CW0183
• Stream Name: East Fork Red Dirt Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 53
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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DISTRICT COURT, WATER DIVISION NO.5, COLORADO

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Application No. 89CW183

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RULING OF REFEREE

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IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER
CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO, IN THE
COLORADO, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: EAST FORK RED DIRT CREEK, IN
EAGLE COUNTY

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The above entitled Application was filed on September 5, 1989, and was
referred to the undersigned as Water Referee for Water Division No.5, State
of Colorado, by the Water Judge of said Court on the 10th day of October,
1989, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes
1973, known as The Water Right Determination and Administration Act of 1969.

And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit: '

1. The statements in the Application are true.

2. The name of the stream involved is East Fork Red Dirt Creek.

3. The name and address of the Claimant: Colorado Water Conservation
Board; 1313 Sherman Street, Suite 721; Denver, CO 80203.

4. The source of the water is East Fork Red Dirt Creek, tributary to the
Colorado River.

5. The description of beginning and end points of minimum stream flow
claimed: The natural stream channel from the headwaters at lat. 39052'19" N.,
long. 107006'02" W. as the upstream terminus and extending to the confluence
with West Fork Red Dirt Creek in the NE1/4NE1/4, Sec. 3, T. 3 S., R. 86 W.,
6th P.M. as the downstream terminus, being a distance of approximately 6.5
miles. For administrative purposes only, the upstream terminus is the
headwaters located in the NE1/4NW1/4, Sec. 24, T. 2 S., R. 87 W., 6th P.M.

6. The use of the water is to appropriate such minimum stream flows as
are required to preserve the natural environment to a reasonable degree.

7. The date of initiation of Appropriation is July 11,1989.

8. The amount of water claimed is 1.5 c.f.s. (April l-September 30);
0.75 c.f.s. (October l-March 31), both absolute.

9. The water was first applied to the above beneficial use on July 11,
1989, by action of the Colorado Water Conservation Board under the provisions
of C.R.S. 37-92-102(3), 37-92-103(3),(4),(10).