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<br /> <br /> <br />4. Legal description of the stream segment through which an instream flow is <br />claimed: <br /> <br />The natural stream chaIU1el from the confluence of an unnamed tributary at <br />latitude 380 12' 29" N and longitude 1060 16' 08" W as the upstream <br />tenninus and extending to the BLM Boundary at latitude 380 10' 58" Nand <br />longitude 1060 17' 00" W as the downstream telminus, being a distance of <br />approximately 2.1 miles. This segment can be located on the Lake <br />Mountain N.E. U.S.G.S. quadrangles. <br /> <br />For administrative purposes only: <br />Upper Telminus = NE SE SEC 26 TWN 46N RNG 6E NMPM <br />140' West of East Section Line & 1380' North of South Section Line <br />UTM Zone 13 4229454N 388905E <br />Lower Terminus = SW NW SEC 2 TWN 45N RNG 6E NMPM <br />1040' East of West Section Line & 2620' South of North Section Line <br />UTM Zone 13 4226667N 387601E <br /> <br />5. Use of the water: <br />Instream flow to preserve the natural environment to a reasonable degree. <br /> <br />6. Date of initiation of appropriation: <br />January 22,2003 <br /> <br />7. The water was first applied to the above beneficial use on January 22, 2003, by <br />the action of the Colorado Water Conservation Board under the provisions ofC.R.S. 9937- <br />92-102(3) and 37-92-103(3), (4) and (10). <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of 0.7 cfs (March 1 - <br />July 31); 0.3 cfs (August 1 - October 31); and 0.5 cfs (November 1 - February 29). <br /> <br />9. Pursuant to 9 37-92-102(3)(b), the CWCB's appropriation may be subject to <br />present uses or exchanges of water being made by other water users pursuant to <br />appropriation or practices in existence on the date of such appropriation, whether or not <br />such uses are previously confirmed by court order or decree. C.R.S.A. 937-92-102 <br />(2004). There are four undecreed points of diversion lying above the proposed instream <br />flow reach each with a senior water right; Baxter Creek Ditch #3, Tuttle Creek Ditch #2, <br />Ford Creek Ditch #1, and Ford Creek #1-ALT Ditch. <br /> <br />The headgate or point of diversion of the Baxter Creek Ditch #3 is located at <br />UTM Zone 13 4230528.8N 390134.8E. The headgate or point of diversion of the Tuttle <br />Creek Ditch #2 is located at UTM Zone 13 4230824.8N 390538.8E. The headgate or <br />point of diversion of the Ford Creek Ditch #1 is located at UTM Zone 13 4230729.8N <br />390497.8E. The headgate or point of diversion of the Ford Creek #1-AL T Ditch is located <br /> <br /> <br />2 <br />