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<br />'. <br /> <br />f~,':'"";; <br />1 <br /> <br />u <br /> <br />fiLED <br />1N T;.ir D::-;''',')1:vr CO"'~-'....-I <br />..~ ~:..:~ ~::''''''''''''''.l '-'1"..1. <br />dA I hJ. Dl:;T:'~!(_:T :;f-1 <br /> <br />IN THE DISTRICT COURT IN AND FOR <br />WATER DIVISION NO. 4 <br />STATE. OF COLORADO <br /> <br />!r:f';Y ;;? 1375 <br /> <br />'-"'~ <br />/11J- <br /> <br />/I". , <br />IY/' c/". , <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 /> <br />fi.'l \ <br />. .;;~ @~. <br />~ eferee, Division <br /> <br />No.4 <br /> <br />..ted: ~-/7- 7"- <br /> <br />",-(!./;J. . . <br />. wet/,dP, ~ <br />