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<br />WATER OIVISION NO. 4
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<br />STATE OF COLORADO
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<br />Case NoH-2395
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<br />IN THE MATTER OF THE APPLICATION FOR )
<br />WATER RIGHTS OF MILITARY PARK RESERVOIR )
<br />IN THE GUNNISON RIVER OR ITS TRIBUTARIES;) RULING OF WATER REFEREE C:::::..- ._
<br />TRIBUTARY INVOLVEO: SURFACE CREEK, IN ) .
<br />OEL T A COUNTY . )
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<br />The applicant, Military Park Reservoir, c/o Sharon Starr, its
<br />president, Route 1, Austin, Colorado 81410, request the right to store addi-
<br />tional water in an enlargement of the Military Park Reservoir. Oate of
<br />filing: .November 21, 1974.
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<br />No opposition has been filed.
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<br />FINOING OF FACT
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<br />The MILITARY PARK RESERVOIR is entitled to Priority No. 15, datin9
<br />from the 24th day of July, 1895, in the amount of 121 acre feet of storage for.
<br />irri9ation purposes.
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<br />Said reservoir has, as. a source of "ater supply, the West Fork of
<br />Surface Creek, a tributary of Surface Creek, which is tributary to the Gunnison
<br />River, in Delta County and in old Water District No. 40.
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<br />. The original decree for the Military Park Reservoir does not con-
<br />tain a specific legal description of location. The area is One which has not
<br />been completely surveyed, but which plots as being in parts of Sections 27, 28 and
<br />34 of Townshi p 11 South, Range 94 Hes t of the Si xth P.l1.
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<br />A topographY scale survey was made of said reservoir by Alan
<br />McOermith, Engineer, which Vias dated October, 1956, and in which it '.IaS
<br />discovered that the dam Vias constructed somewhat larger than \.,as originally
<br />indicated at its highwater line of 14.7 feet. The storage capacity is 235.60
<br />acre feet of Vlater and that amount of water has been stored in years past,
<br />when available, and this claim is for the additional 115.60 acre feet of ,.,ater
<br />Vlhich has been stored historically since construction of the reservoir July 24,
<br />1895.
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<br />R U L I N G
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<br />IT IS THE RULING OF THE REFEREE that water has been diverted,
<br />stored and applied beneficially and that the MILITARY PARK RESERVOIR is
<br />APPROVED AND GRANTEO an ABSOLUTE DECREE for the use and benefit of the parties
<br />laWfully entitled thereto for an amount of Vlater not to exceed 115.1j0 acre
<br />feet for irrigation purposes, Vlith an appropriation date of July 24, 1895.
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<br />PROVIDED, HOHEVER, that this decree is subject to any and all
<br />rights with prior decrees.
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<br />DATED /i-fCl{/
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<br />:irJ 1'17:<)
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<br />E, l. HILSON
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<br />\'ater Referee, Division tlo. /;.
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