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<br />'-..-c <br /> <br />Case No. 03CW40 <br />Application ofCWCB for ISF on La Garitl. Creek <br />Page2of4 <br /> <br />La Garila Creck (instream flow) <br /> <br />3, The source of the water is: La Galita Creek <br /> <br />4, The legal description of the stream segment through which an instream flow is <br />claimed is: <br /> <br />The natural streanl cha[)Ilel from the Sentry Box Dam Site at latitude 370 48' <br />53" and longitude lO60 19' 3 T' as thc upstrcam tcnninus and extending to <br />the head gate of the Biedell Ditch #lO at latitude 370 48' 55" and longitude <br />1060 1 T 03" as the downstream tenninus, being a distance of approximately <br />2,0 miles, This segmcnt can be located on the Twin Mountains U.S,G,S, <br />quadrangles, <br /> <br />And for administrative purposes only is: <br />Upper Tcnninus ~ NW SW SEC 9 TWN 41N RNG 6E NMPM <br />1270' East of West Section Line & 2630' North of South Section Line <br />UTMZone 13,4185083N 383210E <br />Lower Terminus ~ SE NW SEC II TWN 41 N RNG 6E NMPM <br />2360' East of West Section Line & 2800' North of South Section Line <br />UTM Zone 13, 41 85878N 386829E <br /> <br />5, Use of the water: <br />Instream flow to preserve the natural environment to a reasonable degree. <br /> <br />6, Date of initiation of appropriation: <br />January 22, 2003 <br /> <br />7. The water was first applied to the above beneficial use on January 22, 2003, by <br />the action of the Colorado Water Conservation Board under the provisions ofC.R,S, ~ ~ 37- <br />92-102(3) and 37-92-103(3), (4) and (10), <br /> <br />8. Amount of water claimed (ABSOLUTE): Instream flow of 3.5 cfs (May 1 - <br />October 31); and 2,lcfs (November I - April 30), <br /> <br />9, Pursuant to ~ 37-92-1 03(3)(b), the CWCB's appropriation may be subject to <br />present uses or exchangcs of water being made by other water users pursuant to <br />appropriation or practices in existence on the date of such appropriation, whether or not <br />such uses are previously confil1ned by court order or decree, C.R,S,A. !i 37-92-102 <br />(2004), Pursuant to!i 37-92-103(3)(b) the CWCB recognizes that there exists a small <br />undecreed pond which can divert from La Garita Creek in the instream flow reach, The <br />pond has been in existence apparently since before 1976, The pond is a flow-through <br />structure and diverts all year. The pond is located on the La Garila Creek Ranch, The <br />surface size ofthe pond is '14th to I/3rd of an acre, The pond is used for aesthetic and <br /> <br />2 <br />