ISFAPP01176

• Case Number: 80CW0037
• Stream Name: Cataract Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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fO' 'Qr;;;J,Inll OTHRE DISTRICT COURT IN ANI)

WATER DIVISION NO. 5
.. .M. AR C 5 1981.. '
. _ _ STATE OF COLOR/>DC

cOLO. WATER
CONSER~N BOARD
IN THE MATTER OF THE APPLICATION
FOR WATER RIr-HTS OF THE COLORADO WATER
CONSERVATION BOARD ON nEHALF OF THE
PEOPLE OF THE STATE OF COLORADO
IN THE BLUE RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: CJ>.TARACT CREEK
IN SUMMIT COUNTY

FI LED
IN WATER COURT
Division No. 5

Application No. 80CW37

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BY DEPUTY

ROLING OF REFEREE

The above entitled application was filed on March 10, 1980, 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

18th day of April, 1980, and again, after stipulation, on November

13, 1980, in accordance with Article 92 of Chapter 37, Colorado

Revised statutes 1973, known as the Water Right Determination and

Administration Act of !969.

~nd the undersign~d Referee having made such investigations as
are necessary to deter~ine whether or not the statements in the

application are true ahd 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 in the application are t~ue.

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

3. The name of the claimant and address is the Colorado Water
Conservation Board; 823 State Centennial Bui~ding; 1313 Sherman Street;
Denver, Colorado.

4. The source of the water is Cataract Creek, tributary to the
Blue River.

5. Description Of beginning and end points of m1n1mum stream flow
claimed: the natural Stream shannel from its headwaters located at
Lat. 39046'0311 N.; Long. 106 21'47" w. as the up~tream terminus, and
Lower Cataract Lake in Section 35, T. 2 5., R. 80 W. of the 6th P.M.
as the downstream terminus.

6. The use of the water is to appropriate such m~n~mum stream flows
as are required to preserve tha natural environment to a reasonable degree.

7. The date of initiation of appropriation is January 30, 1980.

8. The amount of water claimed is 6.0 cubic feet of water per
second of time during the summer months and 3.0 cubic feet of water per
second of time during the winter months.

9. The water"was first applied to the above beneficial use on
,;nnuary 30, 1980, by action of the Colorado Watel:' Conservation Board
under the provisions Of CRS 1973, 37-92-102 (3), 37-92-103 (3) (4) (10).

10. This appropriation is made under the provisions of CRS 1973,
37-92-102 (3), 37-92-103 (3) (4) (10), known as senate Bill 97, signed
into Law April 23, 1973.