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<br />, t-(~CEIY.J;:,O
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<br />~ L D )~J;l
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<br />IN THE DISTRICT COURT IN AND FOR
<br />WATER DIVISION NO. 4
<br />STATE OF COLORADO
<br />
<br />I'iLEO
<br />:IT'; Tiill Di::;TJ.ICT Co-L~T
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<br />
<br />HFlY 2'l1375
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<br />Case No. H-2375
<br />
<br />I:j.._________._____....._____._._
<br />~iPt:Tl
<br />
<br />IN THE MATTER OF THE APPLICATION FOR HATER )
<br />RIGHTS OF THE COLORADO WATER CONSERVATION )
<br />BOARD, ON BEHALF OF THE PEOPLE OF THE STATE)
<br />OF COLORADO, IN THE GUNNISON RIVER OR ITS )
<br />TRIBUTARIES; TRIBUTARY INVOLVED: WILLOW )
<br />CREEK, IN GUNNISON COUNTY )
<br />
<br />RULING OF HATER REFEREE
<br />
<br />The applicant, The Colorado Hater Conservation Board, on behalf of the
<br />people of the State of Colorado, c/o their attorney, Raphael J. Moses, P. 0,
<br />Box 1440, Boulder, Colorado B03D2, claims the right to use 15 c.f,s., or the
<br />natural undepleted flow of Hillow,Creek, whichever is less, for the preserva-
<br />tion of the natural envi ronment. Date of fi 1 ing: October 17, 1974.
<br />
<br />No opposition has been filed,
<br />
<br />FINDING OF FACT
<br />
<br />The appropriation herein described is Wi-llow Creek, which is a tributary
<br />to Taylor River, tributary of the Gunnison River, in Gunnison County and in
<br />,old Water District No, 59.
<br />
<br />There is no diversion; the application is for in-stream use on Willow
<br />Creek from its point of confluence with Cow Creek, at a point wheRce the north-
<br />west corner of Section 22, Township 14 South, Range 82 Hest of the Sixth P,M.,
<br />bears North 680 West a distance of 7,700 feet, more or less, to a point
<br />recognized as the highwater line of Taylor Park Reservoir, being on the Taylor
<br />River,
<br />
<br />The appropriation of such minimum flows by the State of Colorado is for
<br />the purpose of preserving the natural environment to a reasonable degree.
<br />
<br />The date of initiation of the appropriation was September 19, 1974,
<br />by action of the Colorado Water Conservation Board under the provisions of
<br />:~' Section 148-21-3(6), (7) and (10), as amended.
<br />
<br />15 c.f,s" or the natural undepleted flow, whichever is less, is
<br />claimed absolute for the preservation of the natural environment.
<br />
<br />R U L I N G
<br />
<br />IT IS THE RULING OF THE REFEREE that water has been appropriated in
<br />accordance with the proviSions of Section 148-21-3(6), (7) .and (10) as
<br />amended by Senate Bil197, signed into law April 23,1973, and that Willow
<br />Creek is APPROVED AND, GRANTED an ABSOLUTE DECREE for the use and benefit of
<br />the parties lawfully entitled thereto for an amount of water not to exceed
<br />15 c.f,s. or the natural undepleted flow, whichever is less, for the purpose
<br />of maintaini~g such minimum flows in the stream bed as are required to preserve
<br />the natural environment to a reasonable degree, with an appropriation date ' ,
<br />of September 19, 1974,
<br />
<br />PROVIDED, HOWEVER, that this decree is subject to any and all rights
<br />with prior decrees.
<br />
<br />DATED ,M<'7j' '2~ /9'7"'--
<br />
<br />E, L, HILSON
<br />
<br />.10 protest. .~~ fIled '" t~i9 matte~.
<br />..'hC' f'orsgcling ::"ul1ng 113 ooni'irDlod
<br />nd approved. and i9 made the
<br />.,.udgment end Daorea of this oou:ot,
<br />
<br />cI?~I~, ,,' ~
<br />Water Referee, Division No.4
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<br />Cat.d, ~ -/~- 7,,"
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