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<br />No 98CW236 <br />Colorado Water Cons. Board <br /> <br />a) Legal description of the stream segment through which an instream flow <br />. <br />is claimed: The natural stream channel from headwaters in the vicinity <br />of latitude 380 41' 13" N and longitude 1070 II' 20" W as the upstream <br />terminus and extending to confluence West Beaver Creek at latitude 380 <br />37' 28" N and longitude 107005' 03" W as the downstream terminus, <br />being a distance of approximately 9 miles. This segment can be located <br />on the West Elk Peak, Squirrel Mountain, and McIntosh Mountain <br />U.S.G.s. quadrangles. See Exhibit A. <br /> <br />b) Administration: For the stream segments in an unsurveyed area, the <br />Division Engineer has determined for administrative purposes that the <br />approximate legal description of the instream flow termini as protracted <br />from U.S.G.S. and/or U.S.F.S. mapping is as follows: downstream <br />terminus in the NW Y. NE Y. Sec. 4, T50N, R2W, NMPM. <br /> <br />5. Use of water: <br /> <br />Instream flow to preserve the natural environment to a reasonable <br />degree <br /> <br />6. Date of initiation of appropriation: <br /> <br />January 29, 1998 <br /> <br />7. The water was first applied to the above beneficial use on January 29, <br />1998, by action of the Colorado Water Conservation Board under the <br />provision ofC.R.S. ~ ~ 37-92-102(3),37-92-103(3), (4), (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of 5.25 c.f.s. <br />(April 15 - September 30); 2.50 c.f.s. (October I - December 14); 2.00 <br />c.f.s. (December IS-April 14). <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree in the amount of (ABSOLUTE) <br />Instream flow of 5.25 c.f.s. (April 15 - September 30); 2.50 c.f.s. (October I - <br />December N); 2.00 c.f.s. (December IS-April 14) is hereby entered to preserve the <br />natural environment to a reasonable degree through the upstream and downstream <br />points as described in paragraph 4 above. The appropriation date for this water right <br />is January 29, 1998. <br /> <br />The priority herein awarded was filed in the water court in the year of 1998 <br />and shall be junior to all priorities filed in previous years. As between all rights filed <br />