ISFAPP01386

• Case Number: 03CW0039
• Stream Name: Garner Creek
• Watershed: Closed Basin
• Water Division: 3
• Water District: 25
• County: Saguache
• Instream Flow App - Doc Type: Final Decree/Stipulations

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District Court, Water Division 3, State of Colorado
Court Address: 4th and San Juan, Alamosa, CO Sl101 .COURT USE ONLY.
Concerning the Application for Water Rights of Case Number: 3 CW 39
Colorado Water Conservation Board,
in Gamer Creek, a Natural Stream in ~osed Basin .t)
~' \' tilir. '
in Saguache County. l'\ I"> ; 'J [jl Div, 3 Ctrm: C
Findings and Ruling of the Referee

1bis Application was filed on December IS, 2003, and was referred to the Water Referee
for Water Division No.3, in accordance with C.R.S. ~ 37-92-101, et seq.

All notices required by law of the filing of this Application have been fulfilled and the
Referee has jurisdiction of this Application. Trout Unlinuted filed a timely Statement of -
Opposition. No other party filed a Statement of Opposition and the time for doing so has passed.
The CWCB and Trout Unlimited have reached a stipulation which was filed with this Court on
August 2, 200S.

On June 4, 2004, the Division Engineer submitted a Summary of Consultation and the
Referee has given it due consideration.

Having made such investigations as are necessary to determine whether the statements in the
Application are true and being fully advised with respect to the subject matter of the Application;

THE WATER REFEREE FINDS AS FOLLOWS:

The name and address of the applicant is:
Colorado Water Conservation Board
1313 Sherman Street, Suite 721
Denver, Colorado S0203
(303) S66-344l

The name of stream involved:
Gamer Creek (instream flow)

The source of the water is: Gamer Creek

Legal description of the stream segment through which an instream flow is claimed:

The natural stream channel from USFS QP S3G4 at latitude 3S' 10' S3" N and
longitude 10S' 47' 24"Was the upstream terminus and extending to the Gamer
Creek Ditch at latitude 3S' 10' 2S''N and longitude 10S' 4S' 32"W as the
downstream terminus, being a distance of approximately 1.2 miles. 1bis segment
can be located on the Valley View Hot Springs U.S,G.S. quadrangles.

For administrative purposes only: .
Upper Terminus = SE NE SEC 6 TWN 45N RNG lIE NMPM
144' West of East Section Line & 1670' South of North Section Line
UTM 13 42260S7N 430S16E (NAD27)