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IN THE .DISTRICT COURT IN AND FOR
<br />WATER DIVISION NO. 4 '
<br />STATE OF COLORADO
<br />NO. -W-747
<br />IN THE MATTrR OF THE A.FPLLCATION FOR )
<br />WATER RIGHTS OF LOWELL STAATS MINING )
<br />COMPANY IN THE SAN MIGUEL RIVER OR ITS )
<br />TRIBUTARIESt TRIBUTARY .INVOLVEDi )
<br />CALAMITY CREEK, IN MONTROSE COUNTY. )
<br />r[LED
<br />IN Tf r: D" "RICT COURT
<br />WAnp. DISTRICT 44
<br />OEC ].21972
<br />WATER Can
<br />RULING OF WATER REFEREE
<br />The applicant, Lowell. Staats Mining Company, by its attorney,
<br />Eugene H. Mast, First National Bank Building, Grand .Junction, Colorado 81501,
<br />requests a change of legal description only on the Meander latch, Priority Nos.
<br />267 and 314. Filed June 7, 1972,
<br />FINDING OF FACT
<br />The Meander Ditch 1s entitled to Ditch #209 and Priority #267 absolute
<br />not to exceed 2.0 c.f.s, of water for irrigation purposes, as of histori_n date June
<br />8, 1909, and decreed Cate October 22, 1926, and also to Priority #314 absolute by
<br />enlargement not to exceed .75 c.f.s. of water for irrigation purposes, with date
<br />of June 1, 1928. ,
<br />Said ditch and the enlargement thereof divert their supply of water
<br />from Calamity DrAw, and a small unnamed draw intersected by said ditch, both tribe -
<br />tart' to the San Miguel River in Water District #60 in Kontrnse County.
<br />Said ditch has two noi.nts of diversion described in the orivi.nal, decree
<br />as Hesdaate #1, located at a point on the right bank of said Calamity Draw, whence
<br />the northwest corner of Section 6, Township 46 North, Range 15 West, N.M,P.!M., bears
<br />North 460 56' West 436.5.7 feet.
<br />Headgate #2.located at a point on the left bank of a small draw
<br />whence the northwest corner of said Section 6 bears North 470 25' West 3053.5 feet.
<br />The applicant who claims 2,0 c.f.s, of the above described right
<br />states that the legal description of the diversion point, is erroneous in the
<br />original decree and that the actual point of diversion is, and has been .for 35
<br />years, a point escribed. as ON THE SOUTH SIDE OF CALAMITY DRAt APPROXI'gATELY AT
<br />OR NEAR THE NORTHWEST CORNER OF THE SE}, SEk, SECTION 6, TOWNSHIP 4b NORTH, RAtdGE
<br />15 WEST, N.M.P.M.
<br />No opposition has been filed,
<br />R U L I N G
<br />IT IS THE RULING OF THE REFEREE that the statements made in the appli_
<br />cation are true, that the original legal description is erroneous, and that The
<br />Meander Ditch is APPROVED AND GRANTED a changeof legal description only to read
<br />�
<br />as above stated. 4 as e at slam � AMP
<br />DATED�1� 1
<br />10 protect erns rilyd
<br />In this nrl+,tor.
<br />"'9 f -;�;; ay.l..i..1,a, is errtTir:ae Cd
<br />nc; :,r•.,.,:..,aci, f�r.!1 is m�xle th
<br />,ud r�•uuL r,a L'ccr.'ea ,�t' this n,:jLt.
<br />luted; c�
<br />l ter Jt��,a�
<br />l'C� r7
<br />at or eferee
<br />Division No. 4
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