ISFAPP00230

• Case Number: 85CW0644
• Stream Name: Acorn Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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\ DISTRICT COURT. liATER DIVISION NO.5. COLORADO ~......, ..,
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RULING OF REFEREE ~rI04t~~~

~~-~HE-~~~E~-~F--~HE--APPL~~A~~ON--FO~--WATE~--~iGHTS--OF--THE--COLORADO~ER
CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO. III THE
BLUE RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: ACORN CREEK. IN SUII1-HT
COUNTY

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The above entitled amended Application was filed on December 29, 1986, and
was referred to the undersigned as Water Referee for Water Division No.5.
State of Colorado, by the Hater Judge of said Court on the 9th day of January.
1987. 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 amended
Application are true and having become fully advised with respect to the
subject matter of the amended Application does. hereby make the following
determination and Ruling as the Referee in this matter. to-wit:

1. The statements in the amended Application are true.

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2. The name of the stream involved is Acorn Creek.

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3. The name and address of the Claimant: Colorado Water Conservation v'
Board; 1313 Sherman Street. Suite 721; Denver. Colorado 80203.

4. The source of the water is Acorn Creek, tributary to the Blue River.

S. The description of the beginning and end points of the minimum strea~
flow claimed. The natural stream channel from headwaters near longitude
106004'02" W.. latitude 39044'18" N. as the upstream terminus and extending to./
the diversIon near longitude 106006'45" W.. latitude 39045'45" N. as the
downstream terminus being a distance of approximately 3.5 miles.

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The Division Engineer has determined for administrative purposes that the
approximate legal description of the instream flow termini as protracted from
U.S.G.S. mapping is as follows: Upstream terminus in the NE/4NE/4 Sec. 1. T. 4
S.. R. 78 W. 6th P.M.. more specifically at a point whence the SW Corner of
Sec. 35 T. 3 S.. R. 78 W. bears N. 00030' W. a distance of 9600 feet;
downstream terminus in the SE/4NW/4 Sec. 27 T. 3 S.. R. 78 W. 6th P.M., more
specifically at a point whence the W/4 Corner of said Section bears S. 66030'
W. a distance of 1525 feet.

6. The use of the water is to appropriate such minimum stream flows as
are required to preserve the natural environment to a reasonable degree.

7. The date of initiation of Appropriation is November 8. 1985.

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