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<br />. <br /> <br />. <br /> <br />90CW288 <br />Water Div. 5 <br /> <br />Timely and adequate notice of this proceeding has <br />been given in the manner required by law. The <br />Court has jurisdiction over the subject matter of <br />this proceeding and over all who have standing to <br />appear as parties, whether they have appeared or <br />not. <br /> <br />b. Statements of Opposition: A Statement of <br />Opposition was filed by the City and County of <br />Denver, acting by and through its Board of Water <br />Commissioners ("Denver"); and by Beazer Materials <br />and Services, Inc.. On February 23, 1993, Beazer <br />East Inc. filed a Motion requesting the <br />substitution of Hanson Properties East, Inc. The <br />Judge granted the Motion on March 17, 1993. On <br />July 31, 1991, Diamond Bar T Ranch Ltd. Liability <br />Co. filed a Motion to Intervene. The Judge granted <br />the Motion on August 22, 1991. No other <br />Statements of Opposition have been filed and the <br />time for filing such statements has now expired. <br /> <br />c. Summarv of Consultation: On April 18, 1991, <br />the Division Engineer for Water Division No. 5 <br />submitted a Summary of Consultation stating that <br />the Application appears to be adequate and <br />recommending that the Application should be issued <br />by the Referee as a ruling. The Referee has given <br />this recommendation due consideration. <br /> <br />d. Resolution of Statements of Opposition: All <br />parties filing Statements of Opposition have either <br />reached Stipulations with CWCB, withdrawn their <br />Statement of Opposition, or otherwise approved the <br />terms contained herein. <br /> <br />3. Reauested Water Riaht: The CWCB appropriated the <br />Instream Flow more fully described as follows: <br /> <br />a. Source: The source of the water is Middle Fork <br />Ranch Creek. <br /> <br />b. Location: <br /> <br />Legal description of the stream segment through <br />which an instream flow is claimed: The natural <br />stream channel from the headwaters at Deadman Lake <br />at latitude 39055'13" North and longitude <br />105041'32" West as the upstream terminus and <br />extending to Denver's diversion in' NW/4 SW/4 S25 <br />TIS R75W 6PM as the downstream terminus, being a <br />distance of approximately 2.6 miles. This segment <br />