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"* IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 7 FILED IN OISTPIr.T COURT ........TlUI ornSIOIi 7 OllR~"GO. COl"".IlO STATE OF COLORADO CASE "NO. "80CW41 AUG 1 7 1981 c{ !!. % C!.i:RJl' iN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF COLORADO WATER :ONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO IN THE SAN JUAN RIVER OR ITS TRIBUTARIES IN MINERAL & ARCHULETA COUNTIES AMENDED RULING OF THE REFEREE --- Application Filed: March 10, 1980 1. Applicant: The Colorado Water Conservation Board 1313 Sherman Street Denver, Colorado 80203 Nan,8 of ditch or other structure: WEST FORK SAN JUAN RIVER Point of diversion; the natural stream channel from confluence Wolf Creek at Latitude 37025150"N., Longitude l06053'32I1W., as the upstream terminus & confluence East Fork San Juan River at Latitud~ 37021'55"N., Longitude 106054'OO"W., as th:e downstream terminus being a distance of approximately 5.0 miles. The downstream terminus as protracted from San Juan National Forest Map 1974 U.S. Gov. Printing Office (781-231) is located in Sec. 12i T.36N., R.lW.,N.M.P'.M. 4. Means of diversion: gravity flow in stream J. _.TYpe of use: to insure the preservation of a minimum stream level to protect the natural environment to a reasonable degree. """ t. 25.0 c.f.s. ABSOLUTE FOR HIGH PERIOD & 14.0 c.f.s. ABSOLUTE FOR LOW PERIOD. G. iW1."~1p.:tbt ~<r mWS ARE DEFINED AS BEGINNING APRIL 1st & ENDING AUGUST 31st FOR THE HIGH FLOIv PERIOD, & BEGINNING SEPTEMBER 1st & -ENDING MARCH 31st FOR THE LOW FLOW PER~OD. FURTHER: APPLICANT WILL NOT USE THIS WATER RIGHT AS A BASIS ON WHICH TO OPPOSE THE CONSTRUCTION OF ANY WELL AS DEFINED IN C.R.S. 1973, 37-92-602{1) WHICH IS NOT PART OF A PLAN FOR AUGMENTATION OR WATER SUPPLY PLAN AND WHICH IS TRIBUTARY TO THAT SEGMENT OF THE SAN JUAN RIVER DESCRIBED IN THIS APPLICATION, SO LONG AS THE TEN-YEAR CUMULATIVE AVERAGE OF THE FLOW MEASURED AT THE U.S.G.S. GAGING STATION AT PAGOSA SPRINGS, COLORADO, DURING ANY MONTH, DOES NOT FALL BELOW THE AMOUNTS OF THE APPROPRIATIONS GRANTED IN CASE 80CW40; i.e. HIGH PERIOD 50.0 c.f.s. & LOW PERIOD 30.0 c.f.s. APPLICANT WILL INSTALL AND MAINTAIN MEASURING DEVICES AND RECORDERS AND KEEP PROPER RECORDS AS REQUIRED BY.THE COLORADO DIVISION OF WATER RESOURCES. APPLICANT'S RIGHTS ARE SUBJECT TO ALL SENIOR RIGHTS AS ARE NOW OR WILL ~EREAFTER BE DETERM~NED BY LAW. 7. Priority of water right: January 30, 1980 The priority here awarded shall be junior to all priorities awarded in previous years. As between all rights adjudicated this cale~dar year, priorities shall be determined by historical dates of appropriation and not affected by the date of entry of this ruling. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority. Dated AUS 1 7 1981 4Jl~ William S. Eakes, Water Judge acting as Water Referee Nn protost wno filed in thin ~~ttar. the roreeoin~ ~uliha 1s cQntlrmo~ nnd apP:"Clv9d., {J,i')d i~ ItIAr~G the Judgment and Dooree of this 0 . SEP - b 1981 lated: Water Judg