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<br /> <br />at UTM Zone 13 4230302.8N 390061.4E. Mr. Lan-y Ward owns the water rights <br />associated with these decreed points of diversion. Mr. Ward also owns Tarbell <br />Transmountain water that is imported into Saguache Creek. Mr. Ward will use his <br />Transmountain water by exchange from Saguache Creek thm these points of diversion to <br />irrigate his land on Ford creek. Diversions by exchange of trans mountain water have <br />occured in the months of June thm August. <br /> <br /> <br />Division of Water Resource records indicate that the Baxter Creek Ditch #3 has <br />diverted up to 1.5 cfs of trans mountain water by exchange since 1999. Division of Water <br />Resource records indicate that the Tuttle Creek Ditch #2 has diverted up to 0.8 cfs of <br />transmountain water by exchange since 1999. Division of Water Resource records <br />indicate that the Ford Creek Ditch #1 has diverted up to 1.5 cfs of transmountain water by <br />exchange since 1999. Division of Water Resource records indicate that the Ford Creek <br />#l-AL T Ditch has diverted up to 0.7 cfs of trans mountain water by exchange since 1999 <br />with an average diversion of .4 cfs. The CWCB recognizes the exchanges as specifically <br />described above. <br /> <br />The Ford Creek Ditch #1 diversion herein described has been used for irrigation <br />of a minimum of 30 acres, a maximum of 120 acres and an average of 52 acres. The <br />Baxter Creek Ditch #3 herein described has been used for irrigation of a minimum 35 <br />acres and a one-time maximum of200 acres and an average of approximately 30 acres. <br />The Tuttle Creek Ditch #2 herein described has been used for irrigation of a minimum 35 <br />acres and a maximum of 100 acres and an average of approximately 23 acres. The Ford <br />Creek # 1- AL T Ditch herein described has been used for irrigation of a minimum 10 acres <br />and a maximum of 20 acres and an average of approximately 5 acres <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of 0.7 cfs <br />(March 1 - July 31); 0.3 cfs (August 1 - October 31); and 0.5 cfs (November 1 - <br />February 29) is hereby entered to preserve the natural environment to a reasonable degree <br />through the stream segment described in paragraph 4 above. The appropriation date for <br />this water right is January 22,2003. <br /> <br />The priority herein awarded was filed in the water court in the year of 2003 and <br />shall be junior to all priorities filed in previous years. As between all rights filed in the <br />same calendar year, priorities shall be determined by historical date of appropriation and <br />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk <br />subject to judicial review. <br /> <br /> <br />" <br />.J <br />