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i OK Dftj 1~'o'Bb DISTRICT COURT, WATER DIVISION NO.5. COLORADO ---------------------------------------,--------------------------------------- Application'No. 86CW229/ ---------------------------------------~--------------------------------------- RULING OF REFEREE ---------------------------------------,--------------------------------------- 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 COLORADO RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: PINEY RIVER. IN EAGLE v' COUNTY ---------------------------.-----------;-----------------~--------------------- The above entitled Application was filed on August 20, 1986. 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 11th day of September, 1986, 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 Application 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 Piney River.~ 3. The name and address of the Claimant: Colorado Water Conservation Board; 1313 Sherman Street. Suite 721; Denver, Colorado 80203. v' 4. The source of the water is Piney River. tributary to the Colorado v' Ri ver . ,:" 5. Legal description of the stream segment through which an instream flow is claimed: The natural stream channel from the confluence with the North Fork Piney River at lat. 39046'00" N., long 106029'26" W. as the v' upstream terminus and extending to the confluence with the Colorado River in the SW/4NW/4 S. 25, T. 2 S., R. 83 W. 6th P.M. as the downstream terminus, ~ being a distance of approximately 11.6 miles. For administrative purposes ~K only, the Division Engineer for Water Division 5 has translated the upstream p~ Is terminus as being in the SW/4SW/4 S. 29, T. 3 S., R. 81 W. 6th P.M., more ()~ specifically at a pOint whence the SW Corner of S. 30. T. 3 S.. R. 81 W. bears N. 83030' E. a distance of 6.100 ft. in former Water District 52. 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 January 16, 1986..""'--- 8. The amount of water claimed is 9.0 cubic feet of water ,per second of ~ time. absol ute.