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~ i~rq~J(\l\lq'il)tN THE DISTRICT COURT IN AND , MIl.R OS 1981 j FOR WATER DIVISION NO.5 STATE OF COLORADO COlC) CONSERVATIOI, BOARD Application No. 80CWl16 FILED~ IN WATER COURT Division No. 5 ~' 'eB II ~n,ol TE OF 5~~RADO ~ _w:d. (2('n"-'u \VAT::n CLEP" ...________h;~-t~~.;~--.....m....u.. 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 THE EAGLE RIVER ) OR ITS TRIBUTARIES ) TRIBUTARY INVOLVED: GYPSUM CREEK ) IN EAGLE COUNTY ) RULING OF REFEREE The above entitled application was filed on May 9, 19801 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 12th day of June, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The water Right Det~rmination 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 in the application are true. 2. The name of the stream involved is Gypsum Creek. 3. The name of the claimant and address is The Colorado Water Conservation Board; 823 State centennial Building; 1313 Sherman Streeti Denver, COlorado. 4. The source of the water is Gypsum Creek, tributary to the Eagle River. 5. Description of beginning and end points of minimum stream flow claimed: the natural stream channel from its confluence with Red Creek in the SE~SE~ of Section 32, T. 6 S., ~. 84 W. of the 6th P.M. as the upstream terminus, and its confluence with the Eagle River in the SW,NW, of section 5, T. 5 S., R. 85 E. of the 6th P.M. as the downstream terminus. 6. The use of the water is to appropriate such rn~n~~um stream flows as are required to preserve the natural environment to a reasonable degree. 7. The date of initiation of appropriation is March 17, 1980. 8. The amount of water claimed is 6.0 cubic feet of wate:t per second of ti~e. 9. The water was first applied to the above beneficial use on ~ 1" ~h 17, )qso, by action of the Colorado Water 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.