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<br />. " <br /> <br />. <br /> <br />. <br /> <br />(III) <br />Colorado Water Conservation Board <br />Ruling of Referee <br />Page 2 <br /> <br />85CW256 <br /> <br />9. The water was first applied to beneficial use on May 3. 1985. by <br />action of the Colorado Water Conservation 80ard under the provisions of C.R.S. <br />37-92-102-(3). 37-92-103(3).(4).(10). <br /> <br />10. There is an existing undecreed exchange between the Soldier Creek <br />Ditch. Priority No. 465 for 4.30 cubic feet of water per second of time and <br />Priority No. 471 F for 2.70 cubic feet of water per second of time. and an <br />undecreed ditch which diverts water from Cathedral Creek approximately 100 <br />feet upstream from the confluence of Cathedral Creek and Soldier Creek. The <br />point of diversion of the Soldier Creek Ditch is located on the right bank of <br />Soldier Creek at a point whence the Quarter Corner between Sections 25 and 26 <br />T. 3 S.. R. 100 W. of the 6th P.M. bears N. 23000' W. 2.477 feet. This <br />exchange occurs during the irrigation season and involves the entire amount of <br />water decreed to the Soldier Creek Ditch <br /> <br />11. The Ruling of Referee dated February 24. 1986 is hereby cancelled. <br /> <br />The Referee does therefore conclude that the above entitled application <br />should be granted and that 1.50 cubic feet of water per second of time are <br />hereby awarded for the purpose of maintaining a minimum stream flow as <br />required to preserve the natural environment to a reasonable degree on Soldier <br />Creek. between the beginning and end points as described in paragraph 5. <br />above. with appropriation date of May 3. 1985. absolutely and unconditionally; <br />subject. however. to all earlier priority rights of others and to the <br />integration and tabulation by the Division Engineer of such priorities and <br />changes of rights in accordance with law; and provided that the applicant <br />herein shall construct and maintain at its expense a suitable measuring device <br />or gauging station as approved by the State Engineer of his representative for <br />the purpose of administering this water right as required by law. <br /> <br />The water right awarded herein is subordinate to the undecreed existing <br />exchange as set forth in paragraph 10 above. pursuant to C.R.S. 37-92-102(3). <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the Water <br />Clerk. subject to Judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the <br />appropriate Division Engineer and the State Engineer. <br /> <br />Dated ''''Lu' r~, .4$' <br /> <br />BY THE REFEREE <br /> <br />e,ut <br />~~~~';.;":~~Vt~\~~':'o .~ .,. <br />R"'... DI.. ER6fn_ n~ -&' j, <br />r.i ~.LOete Lj..'.{ ~-o <br />AJ..} <br />Deputy 0111'_ No. 5 <br />~ <br /> <br />~~~ ~ ~ <br />e Referee --- <br />ateI' Division 5 <br />State of Colorado <br />