ISFAPP01013

• Case Number: 80CW0371
• Stream Name: East Miller Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

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IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO

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Application No. 80CW37l
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF THE COLORADO WATER)
CONSERVATION BOARD ON BEHALF OF THE )
PEOPLE OF THE STATE OF' COLORADO )
IN tHE WHITE RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: EAST MILLER CREEK)
IN RIO BLANCO COUNTY )

RULING OF REFEREE

The above entitled application was filed on October 10, 1980,
and was referred to the undersigned as Water Referee for Water
Division No.5, State of Colorado, by the Water Judge of said Court
on the 25th day of November, 1980, 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

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are necessary to determine whether or not the statements in the
application are true and having become fully advised with respeqt
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 East Miller Creek.

3. The name of the claimant and address is The Colorado
Water Conservation Board; 823 State Centennial Building; 1313
Sherman Street; Denver, Colorado.

4, The source of. the water is East Miller Creek,
tributary to Miller Creek, tributary to the Colorado River.

5. Description of beginning and end points of minimum
stream flow claimed: the natural stream channel from the vicinity
of Lat. 39049'39" N.: Long.. 107043'37" W. as the upstream terminus
and its confluence with West Miller Creek at Lat. 39053'49" N.;
Long. 107046'37" W. as the downstream terminus.

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 May 7,

1980.

8. The amount of water claimed is 4.0 cubic feet of
water per second of time.

9. The water was first applied to the above beneficial
use on May 7, 1980, by ~ction of the Colorado Water Cons~rvation'