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<br />.,...,..- <br />,; <br /> <br />,;'. ,.<:" .:i.f!:j,,'f:!I <br />"<;',<; <br /> <br />REG -,'. !'-) <br />'. '.. <br />Ll~: l...' <br /> <br />IN THE DISTRICT COURT IN AND <br /> <br />JUN 1 81974 <br /> <br />FOR WATER DIVISION NO. 5 <br /> <br />.COLO. WATER <br />CONSERVATION BOAR~ <br /> <br />STATE OF COLORADO <br /> <br />FILE D. <br />IN WATER COURT <br />Division No. .) <br /> <br />Application No. W-1950 <br /> <br />IN THE MATTER OF THE APPLICATION ) <br />FOR WATER RIGHTS OF THE COLORADO ') <br />WATER CONSERVATION BOARD, ON ) <br />BEHALF OF THE PEOPLE OF THE STATE ) <br />OF COLORADO, IN THE FRYINGPAN ) <br />RIVER OR ITS TRIBUTARIES ) <br />TRIBUTARY INVOLVED: CHAPMAN ) <br />~ IN PITKIN COUNTY ) <br /> <br />IH1Vl 01973 <br />STATE OF COLORADO <br /> <br />RULING OF <br />REFEREE <br /> <br />71..--::i:b7:..~);; <br />aua-., ce.''', iJ <br />V <br /> <br />The above entitled matter having been referred to the unQersigned as <br /> <br />Water Referee for Water Division No.5, State of Colorado, by the Water Judge <br /> <br />of said Court on the 17th day of July, 1973, in accordance with Article 21 of <br /> <br />Chapter 148, Colorado Revised Statutes 196.3, as amended (Chapter 373 S..L. Colo. <br /> <br />1969), known as The Water Rights Determination and Administration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as are <br /> <br />necessary to determine whether or not the statements in the application, and <br /> <br />statement of opposition, are true and having become fully advised with respect <br /> <br />to the subject matter of the application, . and statement of opposition, does <br /> <br />hereby make the following determination and rulinq as the Referee in this matter, <br /> <br />to-wit: <br /> <br />1. The statements in the application and in the Statement of <br />Opposition are true. <br /> <br />2. There is no ditch or structure involved; however, for the purpose <br />of identification, the water right will be called Chapman Gulch. <br /> <br />3. The name of claimant and address is: The Colorado Water. Conservation <br />Board, 1845 Sherman Street, Denver, Colorado. <br /> <br />4. The source of the water is Chapman Gulch, a tributary of the <br />Fryingpan River. <br /> <br />5. There is no diversion. The application is for instream use on <br />Chapman Gulch from a point immediately below the co~lection system <br />of the Fryingpan-Arkansas Project to the point of confl~ence with <br />the Fryingpan River. <br /> <br />6. The proposed use of the water is to maintain s'uch minimum flows in <br />the stream bed as are required to preserve the natural environment <br />to a reasonable degree. <br /> <br />7. The date of initiation of the appropriation is July 12, 197J. <br /> <br />8. The water was first applied to the above beneficial use on July 12, <br />1973, by action of the Colorado Water Conservation Board under .the <br />provisions of Sec. 148-21-3(6), (7), and (10), as amended. <br />