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<br />94CWl8 <br /> <br />1. The name and address of the Applicant is: <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br />(303) 866-3441 <br /> <br />2. All notices required by law of the filing of this Application have been fulfilled and <br />the Court has jurisdiction of this Application and all parties affected thereby, whether or not they <br />have chosen to appear. C.R.S. g g 37-92-203 and 37-92-302. <br /> <br />3. Timely Statements of Opposition were filed by James Guercio and Water Users <br />Assoc. ofDist. No.6. Objectors James Guercio and Water Users Assoc. ofDist. No.6 have <br />stipulated to the entry of this Decree. All of the stipulations have beenfiled with the Court. On <br />June 8, 1995, the Division Engineer submitted a Summary of Consultation and the Court has <br />given it due consideration. <br /> <br />4. By this application, the CWCB seeks a water rights decree as follows: <br /> <br />A. The name of the stream involved: Boulder Creek (instream flow). <br /> <br />B. The source of the water is: Boulder Creek, tributary to the South Platte River. <br /> <br />C. Legal description of the stream segment through which an instream flow is <br />claimed: The natural stream channel of Boulder Creek from the confluence with North Boulder <br />Creek in the NE/4, SW/4, Sec. 36, TIN, R72W, 6th P.M. as the upstream terminus and extending <br />to the Public Service Company Hydro Plant Outlet in the NE/4, SW/4, Sec. 34, TIN, R71 W, 6th <br />P.M. as the downstream terminus, being a distance of approximately 4.5 miles. This segment <br />can be located on the Tungsten, Gold Hill and Boulder U.S.G.S. quadrangles. <br /> <br />D. Use of the water: Instream flow to preserve the natural environment to a <br />reasonable degree. The CWCB has made the determination that the natural environment will be <br />preserved to a reasonable degree by the water available from the donation referenced below in <br />Case No. 90CWI93 and for appropriation; that there is a natural environment that can be <br />preserved to a reasonable degree with the water right granted herein; and such environment can <br />exist without material injury to senior water rights. These determinations are confirmed by this <br />decree. <br /> <br />E. Date of initiation of appropriation: November 10,1993. <br /> <br />2 <br />