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<br />IN THE DISTRICT COURT IN AND FOR
<br />WATER DIVISION NO. 4
<br />STATE. OF COLORADO
<br />
<br />!r:f';Y ;;? 1375
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<br />v/.:-Gc"'t.f..;.'k/
<br />"', lUTE:1CW';X
<br />
<br />Case No. W-2377
<br />
<br />r;7.____~_._..______. __
<br />.lli::pvf"t, ,
<br />
<br />IN THE MATTER OF THE APPLICATION FOR WATER )
<br />RIGHTS OF THE COLORADO WATER CONSERVATION )
<br />BOARD, ON BEHALF OF THE PEOPLE OF THE STATE OF)
<br />COLORADO, IN THE GUNNISON RIVER OR ITS )
<br />. TRIBUTARIES; TRIBUTARY INVOLVED: TAYLOR )
<br />RIVER, IN GUNNISON COUNTY )
<br />
<br />RULING OF WATER REFEREE
<br />
<br />The applicant, The Colorado Hater Conservation Board, on behalf of the
<br />people of the State of Colorado, c/o their attorney, Raphael J. Moses, P. O.
<br />Box l440, Boulder, Colorado 80302, claims the right to use 55 c.f.s., or the
<br />natural undepleted flow of Taylor River, whichever is less, for the preserva-
<br />tion of the natural environment. Date of filing: October 17, 1974.
<br />
<br />No opposition has been filed.
<br />
<br />FINDING OF FACT
<br />
<br />The appropriation herein described is the Taylor River, tributary of
<br />the Gunnison River, in Gunnison County and in old Water District No. 59.
<br />
<br />There is no diverSion; the application is for in-stream use on
<br />the Taylor River from its point of confluence with Illinois Creek in the
<br />NE\iSE\i of Section 32, Township 13 South, Range 82 West of the Sixth P.M.,
<br />to the hi9hwa.ter 1 ine of the Taylor Park Reservoir on said Taylor River.
<br />
<br />The appropriation by the State of Colorado of such minimum flows is
<br />for the purpose of prexrving the natural environment to a reasonable de9ree.
<br />
<br />The date of initiation of the appropriation was September 19, 1974,
<br />by action of the Colorado Water Conservation Board under the provisions of
<br />Section l48-2l-3(6), (7) and (10), as amended.
<br />
<br />55 c.f.s. of water, or the.natural undepleted flow, whichever is
<br />less, is claimed absolute for the preservation of the natural environment.
<br />
<br />R U L I N G
<br />
<br />IT IS THE RULING OF THE REFEREE that water has been appropriated in
<br />accordance with the provisions of Section 148-2l-3(6), (7) and (lO), as
<br />amended by Senate Bill 97, signed into law April 23, 1973, and that Taylor
<br />River is APPROVED AND GRANTED an ABSOLUTE DECREE for the use and benefit of
<br />the parties lawfully entitled thereto, for an amount of water not to exceed
<br />55 c.f.s., or the natural undepleted flow, ",hichever is less, for the.
<br />purpose of maintaining such minimum flo",s in the stream bed as are required
<br />to preserve the natural environment to a reasonable decree, with an
<br />appropriation date of September 19, 1974.
<br />
<br />PROVIDED, HOWEVER, that this decree is subject to any and all rights
<br />with prior decrees.
<br />
<br />DATED
<br />
<br />410'41 ::j~ 197<"
<br />
<br />E. L. WILSON
<br />
<br />.~ p~otast. we~ tl1~d fn tn1s mAtter~
<br />.'~!e foregoing :ruling is confirmed
<br />nd approved. and is made the
<br />. udgme~t aDd Decres of this court.
<br />
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<br />~ eferee, Division
<br />
<br />No.4
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<br />..ted: ~-/7- 7"-
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