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i Lower Terminus = SE SE SEC I TWN 45N RNG 10E NMPM 250' West of East Section Line & 570' North of South Section Line U1M 13 4225184N 429152E (NAD27) Use of the water: Instream flow to preserve the natural environment to a reasonable degree. Date of initiation of appropriation: January 22, 2003 The water was first applied to the above beneficial use on January 22, 2003, by the action of the Colorado Water Conservation Board under the provisions ofC,R.S. 9 937-92-102(3) and 37- 92-103(3), (4) and (10). Amount of water claimed (ABSOLUTE): Instream flow of 1.9 cfs (May 1- September 14) and 0.6 cfs (September 15 - April 30). Pursuant to 9 37-92-103(3)(b), the CWCB's appropriation may be subject to present uses or exchanges of water being made by other water users pursuant to appropriation or practices in existence on the date of such appropriation, whether or not such uses are previously confirmed by court order or decree. C.R.S.A. 937-92-102 (2004). There is one use (of spring water) that occurs within the instream flow reach as follows: The source of water for the Ridenour Ditch is from Garner springs located in the NE Yo SE Yo SW Yo of section 6 T45N RIlE N.M. PM. These springs were not originally tributary to Garner creek, however, sometime in 1994, the water commissioner found that beaver dams had redirected the flow of the springs into Garner Creek. Shortly thereafter, the owner of the right began using Garner Creek as a carrier for the spring water to the Ridenour Ditch Headgate on Garner Creek. In 1996 the owner installed a headgate and measuring device in the relocated diversion point. These springs now flow into the reach of the instream flow for Garner creek and are diverted out at the Ridenour ditch headgate located in the NWl/4, SWl/4 of section 6, T45N, RilE, N.M. PM about Yo mile above the National Forest boundary. Division of Water Resource records indicate that since 1996 the Ridenour ditch has used Garner Creek as a carrier for imported spring water for diversion within the proposed instream flow reach. The maximum amount of diversion of the Garner springs has been 0.7 cfs and diversion occurs April thru November. The water has been used for irrigation of a minimum of 15 acres and a maximum of 30 acres and an average of approximately 20.9 acres. The CWCB recognizes the exchanges as specifically described above. THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount of 1.9 cfs (May I - September 14) and 0.6 cfs (September 15 - April 30) is hereby entered to preserve the natural environment to a reasonable degree through the stream segment described in paragraph 4 above. The appropriation date for this water right is January 22, 2003. The priority herein awarded was filed in the water court in the year of 2003 and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priorities shall be determined by historical date of appropriation and not affected by the date of entry of ruling. The Applicant shall install and mamtain such measuring devices and keep such records as the Division Engineer may require for administration of this right.