ISFAPP01397

• Case Number: 80CW0122
• Stream Name: West Lake Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

i~I~,~l?\U7~~IN THE DISTRICT COURT IN AND

MIl.R 05 19B1 J FOR WATE: DIVISION NO. 5

~. STATE OF COLORADO
COLU. .. RO
CONSERVATION BOA Application No. BOCW122

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: WEST LAKE CREEK
IN EAGLE COUNTY

IF I LED I
IN WATE1{ cou~n I
J Division I"k,. ;:
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RULING OF REFEREE

The above entitled application was filed on May 9, 1980, 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 Determination

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 West Lake Creek.

3. The name of the claimant and address is The Colorado Water
Conservation Board: 823 State Centennial Building; 1313 Sherman Street;
Denver, Colorado.

4. The source of the water is West Lake Creek, tributary to Lake
Creek, tributary to the Eagle River.

5. Description of beginning and end points of minimum stream flow
claimed: the Batural stream channel from its headwaters at Lat. 39030'40"
N.; Long. 106 47'20~ W. as the upstream ~erminus, and the Forest Service
Boundary at Lat. 39 3514311 N.; Long. 106 36'37" W. as the downstream
terminus.

6. The use of the water is to appropriate such minimum stream flo~s
as are required to preserve the natural environm~nt to a reasonable degree.

7. The date of initiation of appropriation is March 17, 1980.

8. The amount of water claimed is 5.0 cubic feet of water per
second of time.

9. The water was first applied to the above beneficial use on
March 17, 1980, by action of the Colorado Water Conservation Board
under the previsions 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.