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<br />87CW276 <br />STATE O.LO. <br /> <br />. <br /> <br />1. The name of the structure: <br /> <br />West Fork Clear Creek instream flow. <br /> <br />2. The legal description of the structure: <br /> <br />The natural stream channel from the confluence with Woods <br />Creek at lat. 390 46'07"N and long. 1050 48'56"W as the upstream <br />terminus and extending to the confluence with Clear Creek in NW/4 <br />SE/4 sec. 27 T3S R74W 6th P.M. as the downstream terminus, being <br />a distance of approximately 9.1 miles. This segment can be <br />located on the Berthoud Pass and Empire U.S.G.S. quadrangle(s). <br /> <br />Administration: For the stream segment(s) in an unsurveyed <br />area, the Division Engineer has determined for administrative <br />purposes that the approximate legal description of the instream <br />flow termini as protracted from U.S.G.S. mapping is as follows: <br />upstream terminus in sec. 20 T3S R75W 6th P.M. <br /> <br />3. The source of water: <br /> <br />West Fork Clear Creek. <br /> <br />4. The date of appropriation: <br />December 11, 1987. <br /> <br />5. The amount of water claimed: <br /> <br />Instream flow in C.F.S. ABSOLUTE: 11.0 c.f.s. (April 1 <br />through October 31); 5.0 c.f.s. (November 1 through March 31). <br /> <br />6. The use of the water: <br /> <br />TO maintain such minimum flows as are required to preserve <br />the natural environment to a reasonable degree pursuant to sec- <br />tions 37-92-102 and 103, C.R.S. (1973 & 1989 Supp.). No diver- <br />sion of the water right herein will be made from the natural <br />stream channel. <br /> <br />7. Stipulation. In settlement of the City of Golden's <br />opposition to the subject application, the CWCB and Golden agreed <br />to the following provisions by stipulation of September 13, 1990, <br />the terms of which are hereby approved by the Referee: <br /> <br />(a) The exchanges by Golden of Henderson Mine Water and <br />Berthoud Pass Ditch Water to the Upper and Lower Urad Reservoirs, <br />as more fully described in Golden's plan for exchange currently <br />pending in the District Court in and for Water Division No. 1 in <br />Case No. 89CW237, have historically been operated and were in <br />existence on December 11, 1987, the date of the CWCS's instream <br />flow appropriation. <br /> <br />-2- <br />