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<br />, <br /> <br />Application No. 89CW179 <br /> <br />ReCEIVED <br /> <br />J'24 '90 JM ;;; ~ /9 <br />COLORADO WATIiR D1R <br />DISTRICT COURT, WATER DIVISION NO.5, COLORADO CONIMWA11ON sc <br />----------------------------------------------------~----- ~~--- - ---- <br /> <br />F <br />I <br />---------------------------------------------------------------- ~ ----------- <br />E <br /> <br />. <br /> <br />, <br /> <br />- <br /> <br />RULING OF REFEREE <br /> <br />------------------------------------------------------------------------------- <br /> <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER <br />CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO, IN THE <br />BLUE RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: GULLER CREEK, IN SUMMIT <br />COUNTY <br /> <br />------------------------------------------------------------------------------- <br /> <br />The above entitled Application was filed on September 5, 1989, and was <br />referred to the undersigned as Water Referee for Water Division NEl. 5, State <br />of Colorado, by the Water Judge of said Court on the 10th day of October, <br />1989, in accordance with Article 92 of Chapter 37, Colorado, Revised Statutes <br />1973, known as The Water Right Determination and Administration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as are <br />necessary to determine whether or not the statements in the Application are <br />true and having become fully advised with respect to the subject matter of the <br />Application does hereby make the following determination and Ruling as the <br />Referee in this matter, to wit: <br /> <br />1. The statements in the ApplicatiEln are true. <br /> <br />2. The name of the stream involved is Gul1er Creek. <br /> <br />3. The name and address of the Claimant: Colorado Water Conservation <br />Board; 1313 Sherman Street, Suite 721; Denver, CO 80203. <br /> <br />4. The source of the water is Gul1er Creek, tributary to the Blue River. <br /> <br />5. The description of beginning and end points of minimum stream flow <br />claimed: The natural stream channel from the headwaters at latitude 39027'35" <br />North and longitude 106014'16" West as the upstream terminus and extending to <br />the confluence with West Tenmile Creek at latitude 39030'13" North and <br />longitude 106010'33" West as the downstream terminus, being a distance of <br />approximately 4.7 miles. For administrative purposes only, the upstream <br />terminus is the headwaters located in the SE1/4NE1/4, Sec. 8, T. 7 S., R. 79 <br />W., 6th P.M. and extending to the confluence with West Tenmile Creek in the <br />NW1/4NW1/4, Sec. 25, T. 6 S., R. 79 W., 6th P.M. <br /> <br />6. The use of the water is to appropriate such minimum stream flows as <br />are required to preserve the natural environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is July 11,1989. <br /> <br />8. The amount of water claimed is 1.5 c.f.s. (April l-September 30); <br />0.75 c.f.s. (October l-March 31), both absolute. <br />