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/ - . . "' i (III) Colorado Water Conservation Board Ruling of Referee Page 2 85CW255 I 8. The amount of water claimed is 1.50 cubic feet of water per second of time, absolute. 9. The water was first applied to beneficial use on May 3, 1985, by action of the Colorado Water Conservation Board under the provisions of C.R.S. 37-92-102-(3), 37-92-103(3),(4),(10). 10. There is an existing undecreed exchange between the Lake Creek and Pool Ditch, Priority No. 439 for 5.0 cubic feet of water per second of time and Priority No. 471 G for 2.0 cubic feet of water per second of time, and an undecreed ditch which diverts water from Cathedral Creek approximately lOO ~ feet upstream from the confluence of Cathedral Creek and Soldier Creek. The point of diversion of the Lake Creek and Pool Ditch is located on the right bank of Lake Creek at a point whence Angle Point No.3 of Tract 37, Section 25, T. 3 S., R. 100 W. of the 6th P.M. bears N. 37056' E. 988 feet. This exchange occurs during the irrigation season and involves the entire amount of water decreed to Lake Creek and Pool Ditch. 11. The Ruling of Referee dated February 24, 1986 is hereby cancelled. The Referee does therefore conclude that the above entitled application should be granted and that 1.50 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Lake Creek, between the beginning and end points as described in paragraph 5, above, with appropriation date of May 3, 1985, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law; and provided that the applicant herein shall construct and maintain at its expense a suitable measuring device or gauging station as approved by the State Engineer of his representative for the purpose of administering this water right as required by law. The water right awarded herein is subordinate to the undecreed existing exchange as set forth in paragraph 10 above, pursuant to C.R.S. 37-92-102(3). It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk, subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated AI'Lu. ~z.. 19t1t. . ~ Copy of Ihe foreaglng m.~ed 10 all CoUn"l~rd~~ Rat.,.a ov, Engln_ ""I g la ~9i--oa}e 'h..l8'/\ .AJ.II Lo r K:::;:' ... Ill,. No, S BY THE REFEREE ~ er Referee ater Division 5 State of Colorado