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<br />-........ ----: <br /> <br />,.__ ,__~. __.0._;0__'. <br /> <br />F I LED <br />IN WATER COURT <br />Din.ion No.5 <br /> <br />IN THE DISTRICT COURT IN AND <br /> <br />DF.C;~31980 <br />STATE OF COLORADO <br />~"'u./~~ .::fAI.a..''ZI:101t_LL <br />WATER Ct..ERK <br /> <br />FOR WATER DIVISION NO. 5 <br /> <br />BY DEPUTY <br /> <br />STATE OF COLORAOO <br /> <br />Application No. BOCW31S <br /> <br />IN THE MATTER OF THE APPLICATION <br />FOR WATER RIGHTS OF THE COLORADO <br />WATER CONSERVATION BOARD ON BEHALF <br />OF THE PEOPLE OF THE STATE OF COLORADO <br />IN THE COLORADO RIVER <br />OR ITS TRIBUTARIES <br />TRIBUTARY INVOLVED: ELK CREEK <br />IN GARFIELD COUNTY <br /> <br />RULING OF REFEREE <br /> <br />The above entitled application was filed on August 19, 1980, and <br /> <br />was referred to the undersigned as Water Referee for Water Division <br /> <br />No.5, State of Colorado, by the Water Judge of said Court on the <br /> <br />15th day of September 1, 1980, in accordance with Article 92 of <br />Chapter 37, Colorado Revised Statutes 1973, known as The Water Right <br /> <br />Determination and Administration Act of 1969. <br /> <br />And the undersigned Referee having made such investigations as <br /> <br />are necessary to determine whether or not the statements in the <br /> <br />application are true and having become fully advised with respect to <br /> <br />the subject matter of the application does hereby make the following <br /> <br />determination and ruling as the Referee in this matter, to-wit: <br /> <br />1. The statements in the application are true. <br />2. The name of the stream involved is: Elk Creek. <br /> <br />3. The name of the claimant and address is the Colorado Water <br />Conservation Board; 823 State Centennial BUilding; 1313 Sherman Street; <br />Denver, Colorado. <br /> <br />4. The source of the water is Elk Creek, tributary to the <br />Colorado River. <br /> <br />5. Description of beginning and end points of m~n~um stream <br />flow claimed: the natural stream channel from its confluence with <br />East Elk Creek at Lat. 39034'58" N.: Long. l07033112''W. as the <br />upstream terminus, and its confluence with the Colorado River at Lat. <br />39034'08"N.; Long. 107032'18''W. as the downstream terminus. <br />I <br />6. The.use of the water is to appropriate such minimum stream <br />flows as are required to preserve the natural environment to a <br />reasonable degree. <br /> <br />7. The date of initiation of appropriation is May 7, 1980. <br />