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<br />District Court, Div. 5 <br />CWCB; Case No, 97CW272 <br />Ruling <br /> <br />c, These segments can be located on the Red Creek and Crooked Creek Pass <br />U.S.G.S. quadrangles and are depicted on Exhibit A <br /> <br />5, Administration: For the stream segments in an unsurveyed area, the Division <br />Engineer has determined for administrative purposes that the approximate legal description of the <br />instream flow termini as protracted from U,S,G.S, and/or U,S,F,S. mapping are as follows: <br /> <br />a. Upper Antones Cabin Creek Segment: Upstream terminus in the SW/4, <br />SE/4, NW/4, Sec. 21, T7S, R84W, 6th P.M,; downstream terminus is in the <br />NE/4, Sec. 16, T7S, R84W, 6th P.M.; <br /> <br />b. Lower Antones Cabin Creek Segment: Upstream terminus is in the NW/4 <br />Sec. IS, T7S, R84W, 6th P.M.; downstream terminus in the SW/4, SE/4, <br />SW/4, sec. 31, T6S, R83W, 6th P.M. <br /> <br />6. Use of the water: Jnstream flow'to preserve the natural environment to a <br />reasonable degTee. <br /> <br />7. Date of initiation of appropriation: September 22, 1997. <br /> <br />8. The water was first applied to the above beneficial use on September 22,1997, by' <br />action of the Colorado Water Conservation Board under the provision ofC.R.S. <br />SS 37-92-102(3), 37-92-103(3), (4), (10). <br /> <br />9, Amount of water claimed (ABSOLUTE): <br /> <br />a. Upper Antones Cabin Creek: Instream flow of 2.50 c.f.s. (April IS " September <br />30); 0.50 c.f.s. (October I - April 14); <br /> <br />b, Lower Antones Cabin Creek: Instream flow of 2.50 c.f.s. (April IS - September <br />30); 0.50 c.f.s. (October I - April 14). <br /> <br />10. Although the application filed in this matter claimed an instream flow right for a <br />single continuous stream segment, field inspection of the stream reveals that the two stream <br />segments described above which appear as a single, continuous stream on the Red Creek USGS <br />Quadrangle Map dated 1961, photorevised 1987, are in fact not connected by any surface stream <br />nor can a single stream channel be identified. Rather, the stream channel of Upper Antones <br />Cabin Creek ends in a small pool about 1/4 mile below the lower terminus of the Upper Antones <br />Cabin Creek segment described above. The pool is located upstream of a large headwall which <br />precludes the possibility of surface streamflow below the pool. Based on observations of the <br /> <br />GOLDSMITH.97CW272.Rul;ng, I <br /> <br />3 <br />