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<br />( <br /> <br />FOR WATER DIVISION NO. 5 <br /> <br />F I LED <br />IN WATER COURT <br />Division No, 5 <br /> <br />IN THE DISTRICT COURT IN AND <br /> <br />STATE OF cOLORAElO <br /> <br /> <br />...--.---..-.-. <br />BY DEPUTY <br /> <br />Application No. 80CW38 <br /> <br />IN THE MATTER OF THE APPLICATION ' ) <br />FOR WATER RIGHTS OF THE COLORADO WATER ) <br />CONSERVATION BOAREl ON BEHALF OF THE ) <br />PEOPLE OF THE STATE OF COLORADO ) <br />IN THE BLUE RIVER ) <br />OR ITS TRIBUTARIES ) <br />TRIBUTARY INvOLVEEl: CATARACT CREEK ) <br />IN SUMMIT COUNTY ) <br /> <br />RULING OF REFEREE <br /> <br />The above entitled application was filed on March 10, 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 />18th day of April, 1980, and again, after stipulation, on November <br /> <br />13, 1980, in accordance with Article 92 of Chapter 37, 'Colorado Revised <br />Statutes 1973, known as The Water Right Determination and Administration <br /> <br />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 /> <br />2. The name of the stream involved is Cataract 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 Cataract Creek, tributary to the <br />Blue River. <br /> <br />5. Description of beginning and end points of rnlnlmum stream flow <br />claimed: the natural stream channel from Lower Cataract Lake dam ift <br />Section 35, T, 2 S., R. 80 W. of the 6th P.M. as the upstream terminus, <br />and Green Mountain Reservoir in Section 19, T. 2 S., R. 79 W. of the <br />6th P.M. as the downstream terminus. <br /> <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 January 30, 1980. <br /> <br />8. The amount of water claimed is 6.0 cubic feet of water per <br />second of time during the summer months and 3.0 cubic feet of water <br />per second of time' during the winter months. <br /> <br />9. The water was first applied to the above beneficial use on <br />January 30, 1980 by action of the Colorado Water Conservation Board <br />under the provisions of CRS 1973, 37-92-102 (3), 37-29-103 (3) (4) (10). <br /> <br />10. This appropriation is made under the provisions of CRS 1973, <br />37-92-102 (3), 37-92-103 (3) (4) (10), known as Senate Bill 97 signed <br />into law April 23, 1973. <br />