ISFAPP01150

• Case Number: 87CW0271
• Stream Name: Hat Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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. RECEIVED

DISTRICT COURT. WATER DIVISION NO.5. COLORADO APR 05 '89
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Application No. 87CW271 tao.

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RULING OF REFEREE

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IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER
CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO. IN TilE
EAGLE RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: HAT CREEK, IN EAGLE
COUNTY

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The above entitled Application was filed on December 10. 1987. and was
referred to the undersigned as Water Referee for Water Division No.5. State
of Colorado. by the Water Judge of said Court on the 11th day of January,
1988. in accordance with Article 92 of Chapter 37. Colorado Revised Statutes
1973. known as The Water Right Determination and Administration Act of 1969.

And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter. to wit:

,
1. The statements:tn the Application are true.

2. The name of the .stream involved is Hat Creek.

3. The name and address of the Claimant: Colorado Water Conservation
Board; 1313 Sherman Street. Suit~ 721; Denver. CO 80203.

4. The source of the water is Hat Creek. tributary to Brush Creek.
tributary to the Eagle River.

5. Description of beginning and end points of minimum stream flow
claimed: The natural stream channel from headwaters in the vicinity of lat.
39028'12" N.. long. 106039'29" W. as the upstream terminus and extending to
the confluence ~th East Brush Creek in the NEI/4SW1/4 Sec. 22 T. 6 S.. R. 83
W. 6th P.M. as the downstream,terminus being a distance of approximately 4.5
miles.

Administration: For the stream segment(s) in an unsurveyed area. the
Division Engineer has determined for administrative purposes that the
approximate legal description of the instream flow termini as protracted from
U.S.G.S. mapping is as follows: Upstream terminus in the "El/4SE1/4 Sec. 4 T.
7 S.. R. 83 W. 6th P.M.

6. The use of the water is to appropriate such minimum stream flows as
are required to preserve the natural environment to a reasonable degree.

7. The date of initiation of Appropriation is October 2. 1987.

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