ISFAPP00410

• Case Number: 89CW0182
• Stream Name: South Fork Derby Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 53
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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DISTRICT COURT, WATER DIVISIOtI 110. 5, COLORADO

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Application No. 89CW182

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RULING OF REFEREE

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It! THE MATTER OF THE ft,PPLlCATION FOR \'JATER
Cm!SERVATIOtl BOARD ml BEHALF OF THE PEOPLE OF THE
COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY
CREEK, IN EAGLE COUNTY

RIGHTS OF
STATE OF
lNVOL VED:

THE COL0RfDO \iATER
COLQRJ\r:O, L'l THC
SOUTH rORK ~["r.y

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The above entitled Application was filed on September 5, 1989, and '.'ias
referred to the undersigned as 14ater Referee for liater Division No.5, State
of Colorado, by the Water Judge of said Court on the lOth day of October,
1989, in accordance with Article 92 of Chapt~r 37, Colorado Revised Statutes
1973, known as The \later Right Detemination and AdQinistration Act of 1959.

And the undersigned Referee having ::Jade such investigations as are
necessary to determine whether or not the statements in the Arplication are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:

1. The statements in the Application are true.

2. The name of the stream involved is South Fork Derby Creek. ~

3. Tile name and address of the Claimant: Colorado \!ater Conservation
Board; 1313 Sherman Street, Suite 721; Denver, CO 80203. v'

4. The source of the water is South Fork Derby Creek, tributary to the/
Co 1 orado Ri ver'.

S. The description of beginning and end points of minimum stl'eam Flo,:
cl aimed: The natural ,stream channel from the headwaters at 1 atitude 39055 '04"
i'!orth and longit'ude 107010'08" l1est as the upstream terminus and extending to
the headglte'" of South Derby Ditch in the SE1/41IW1/4 Sec. 8, T. 2 S., f!. 86 \1.,
r,th P.11. as the' downstream teminus, being a distance of approxil'ately 6.5
niles. Fdr administrative purposes only, the upstream terminus is/tho
hoadwaterslocated in the NE1/4NE1/4, Sec. 5, T. 2 S., R. 87 Vi., 5th P.rt ./

6. The
are requi red

7. The

use of the water is to appropriate such minimum stream floys as
to preserve the natural environment to a reasonable degree. v'

date of initiation of Appropriation is July 11, lJ89./

8. The amount of water claimed is 4.jlc.f.s. (April 1-September 30); 2.0
c.f.s. (October l-Ilarch 31), both absolute.

9. The \1ater was first applied to the above beneficial use on ,July 11,
1989, by action of the Colorado liater Conservation Board under the provisions
of C.R.S. 37-92-102(3), 37-92-103(3),(4),(10). /