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<br />/>'~-' .. <br />/ ~-, <br />/..~ '...~,~ <br /> <br />~ <br />, <br /> <br />RECElvm <br />MAY 2 9 1974 <br /> <br />IN THE DISTRICT COURT IN AND <br /> <br />COLO. WinER <br />Oli.\NSERVA:lD;.i .JJf.JJj) <br /> <br />FOR WATER DIVISION NO. 5 <br /> <br />STATE OF COLORADO <br /> <br />FILED I <br />IN WATER COUR.T ' <br />Division No. .) <br /> <br />Application No. W-194S <br /> <br />IN TilE MATTER OF THE A)?PLICATION <br />FOR WATER RIGHTS OF no:: COLORADO <br />WATER CONSERVATION BOARD, ON <br />EEHALF OF THE PEOPLE Of THE STATE <br />OF COLORADO IN THE FRVfNr.. PAN <br />RIVER IN PITKIN AND EAGLE COUNTIES <br /> <br />UG~'l :J 1978 <br />STATE OF. COLORADO <br /> <br />RULING OF <br />REFEREE: <br /> <br />-----------....-.--...... <br />-1 '. , _ / )WATERj ~1..2RK - <br />~<.L,=...7CL...f~ <br />....,..., BY !::E;"LJTY .. ~ <br /> <br />The above entitled matter having been referred to the undersigned as <br /> <br />Water Referee for Water Division No.5, State of Colorado, by the Water Judge of <br /> <br />said Court on the 17th day of J~lYI 1973, in accordance with Article 21 of Chapter <br /> <br />148, Colorado Revised statutes 1963, as.amended (Chapter 373 S.L. Colo. 1969), <br /> <br />known as The Water Rights Determination and Adnunistration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as are <br /> <br />necessary to determine whether or not the statements ip the application, and <br /> <br />statement of opposition, are true and having b~come fu~ly advised with respect to <br /> <br />the subject matter of the application, and statement of opposition, does hereby <br /> <br />make the following deter~nation and ruling as the Referee in this matter, to-wit: <br /> <br />\ <br /> <br />1. The statements in the application and in the Statement of Opposition <br />are true. <br /> <br />2. There is no ditch or structure involved; however, for the purpose of <br />identification, the water right will be called Lower Frying Pan River. <br /> <br />3. The name of claimant and address is: The Colorado Water Conservation <br />Board, 1845 Sherman Street, Denver, Colo!ado. <br /> <br />4. The source of the water is the Frying PaP River immediately below <br />its confluence with the Rocky "Fork to its confluence with the Roaring <br />Fork River. <br /> <br />5. There is 110 diversion. The application is for instream use on the <br />Frying P~ River frorn.a point immediately below its confluence with <br />the Rocky Fork to the point of confluence with the Roaring Fork River. <br /> <br />6. The proposed use of the water is to maintain such minimum flows in <br />the stream bed as are required to preserve the natural environment <br />to a reasonable degree. <br /> <br />7. The date of initiation of the appropriation is July 12, 1973. <br /> <br />8. The water was first applied to the above beneficial use on July 12, <br />1973, by action of the Colorado Water Conservation Board under the <br />provisions of Sec. 148-2l-3(6}, (7) I and (lO), as amended. <br /> <br />9. The amount of water claimed is" 39 cubic feet of water per seccnd of <br />time during the period from November 1 to April 30; and 110 cubic feet <br />of water per ~econd of time during the "period from May 1 to October <br />31. <br />