ISFAPP00217

• Case Number: 76W1496
• Stream Name: Lightner Creek
• Watershed: Animas River
• Water Division: 7
• Water District: 30
• County: La Plata
• Instream Flow App - Doc Type: Final Decree/Stipulations

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rN THE DISTRICT COURT IN AND FOR'~"""'"
WATER DIVISION NO. 7
STATE OF COLORADO
CASE ~l.496-76

FILED
l"'I)IITA1cYc:::oUItY
WATI'" ONISIQN"
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AUG .1 7 1981
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IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF COLORADO WATER
CONSERVATION BOARD ON BEHALF OF
THE PEOPLE OF THE STATE OF COLORADO
IN THE ANIMAS RIVER OR ITS
TRIBUTARIES IN LA PLATA COUNTY

AMENDED RULING ~ THE REFEREE

1. Applicant: The Colorado Water Conservation Board
1313 Sherman Street
Denver, Colorado 80203

Application Filed: Nov. 12, 1976

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2. Name of ditch or other structure:

LIGHTNER CREEK

3.

Point of diversion:
o he south line
from San Juan a
at the south line

from its headwaters to the U.S. Forest Service Boundary approximatel
of the N.U4. N.E./4 of Sec. 32, T.36N",.,_lL.lllli., N.M.P.M. I'""P=racted
nal Forest Map 1974 'n:s:-Gov:-PrJ.nIT~g Office-T'7S1--=3.3i}to be .
of.S.E./4 of Sec. 32, T.36N., R.IOw" N.M.P.M.

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4. Means of diversion: gravity flow in stream

5. Type of use: to insure the preservation of a minimum stream level to protect the natural
'.. environment to a reasonable degree.
6. Amount of water: 10.0 c.f.s. ABSOLUTE FOR HIGH PERIOD & 4.0 c.f.s. ABSOLUTE FOR. LOW
PERIOD. THE PERIOD OF FLOWS SHALL BE DEFINED AS BEGINNING APRIL 1st & ENDING AUGUST 31st FOR THE
HIGH FLOW PERIOD AND BEGINNING SEPTEMBER 1st & ENDING MARCH 31st FOR THE LOW FLOW PERIOD.

APPLICANT WILL INSTALL AND MAINTAIN MEASURING DEVICES AND RECORDERS AND KEEP PROPER
RECORDS AS REQUIRED BY THE COLORADO DIVISION OF WATER RESOURCES.

APPLICANT'S RIGHTS ARE SUBJECT TO ALL SENIOR RIGHTS AS ARE NOW OR WILL HEREAFTER BE
DETERMINED BY LAW.

7. Priority of water right:

July 3D, 1976

The priority here awarded shall be junior to all priorities awarded in previous years. As
between all rights adjudicated this calendar year, priorities shall be determined by historical
dates of appropriation and not affected by the date of entry of this ruling.

It is, the ruling of the Referee that the statements in the appli<;;:ation are true and that the
above described water right is approved and granted the indicated priority.

Dated

AUG 1 7 1981

ci-Jl-4~

William s. Eakes, Water Judge
acting as Water Referee

No pretest wss fl1.a in thiS matter.
The foregoifig rUling is oo"tirme~
on~ eppreve~1 and is mo.o tho
Judgment end Dooro, 01 thl~ 0 ur

~ated'

SEP - 8.1981

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Water Judge