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<br />d,(Y\0:~~ <br />....;;\\\\;\, '\-\\ \\ <br />~o"" \ <br /><\i\Y'~~'", \ 'j \0,'0\ }~ <br />~~( \)C',.' ~~ <br />:\ '.....\j~p..~;::.~~n <br />, .. ~\)".J e...) <br />~~>~ff\\ v <br />C;~}:""S:'~" . <br /> <br />F i l:::ED! <br />iN "\V Ar.l.~ER CO:J:<.T ! <br />Division Nu. 5 <br /> <br />i~)~~';' \)11981 <br />STATE OF COLORADO <br /> <br />IN TilE DISTRICT COURT IN AND <br />FOR WATER DIVISION NO. 5 <br />STATE OF COLORADO <br /> <br />---~- Piii!!f!!i.,e;: <br />-_:::---....~~..~c.r.-;j~:,;.m... ._....m. <br /> <br />Application No. 80CW126 <br /> <br />IN THE MATTER OF THE APPLICATION ) <br />FOR WATER RI GHTS OF ) <br />THE COLORADO WATER CONSERVATION BOARD ) <br />ON BEHALF OF THE PEOPLE OF THE STATE ) <br />OF COLORADO ) <br />IN THE EAGLE RIVER ) <br />IN EAGLE COUNTY ) <br /> <br />RULING OF REFEREE <br /> <br />The above entitled application was filed on May 9, 1980, and <br /> <br />was referred to the undersigned as Water Referee for Water Division <br /> <br />No. S, State of Colorado, by the Water Judge of said Court on the <br /> <br /> <br />12th day of June, 1980, in accordance with Article 92 of Chapter 37, <br /> <br />Colorado Revised Statutes 1973, known as The Water Right Determination <br /> <br />and Administration Act of 1969. <br /> <br />And the undersigned Referee having m~de such investigations as <br /> <br /> <br />are necessary to determine whether or not the statements in the <br /> <br /> <br />application are true and having become fully advised with respect <br /> <br /> <br />to the subject matter of the application does hereby make the following <br /> <br />determination and ruling as the Referee in this matter, to-wit: <br /> <br /> <br />1. The statements in the application are true. <br /> <br />2. The name of the stream involved is Eagle River. <br /> <br />3. The name of the claimant and address is The Colorado <br />Water Conservation Board~ 823 State Centennial Building; 1313 <br />Sherman Street; Denver, Colorado. <br /> <br />4. The source of the water is the Eagle River. <br /> <br />5. Description of beginning and end points of minimum stream <br />flow claimed: the natural stream channel from its confluence with <br />Lake Creek in the NE-l/4 NE-l/4 of Section 6, T.SS., R.82W. of the <br />6th P.M. as the upstream terminus, and its confluence with Brush <br />Creek in the SW-l/4 NW-l/4 of Section' 5, t.SS., R.84W. of the 6th <br />P.M. as the downstream terminus. <br /> <br />6. The use of the water is to appropriate such minimum <br />stream flows as are required to preserve the natural environment <br />to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is Marcn 17, 1980. <br /> <br />-8. The amount of water claimed is 110 cubic reet of water per <br />second of time from May I through September 30, and 4S cubic feet <br />of water per second of time from October 1 through April 30. <br /> <br />9. The water was first applied to the above beneficial use <br />on March 17, 1980, by action of the Colorado Water Conservation <br />