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~• ' : ; , <br />.:r <br />., <br />~~~,, IN T[IP DISTRICT COURT IN'A'•TD:•FOR <br />I +, -: V~IATER DIVISION NO. 4 <br />"''J STATE OF COLORADO <br />~~'`-'~ Case No. W- W-3051 <br />~.. <br />~- <br />~II II~~I~'I~I~~~ ~I~ <br />_ _ sss <br />IN TRE' DISTRICT COURT , <br />NATIR DISTRICT ~4 <br />~~ <br />YIATEI CLEAT( <br />pENU'fY <br />IN Tl[E MATTER OF 1'lfi APYLIC7ITION ) <br />,•,~,m,,•;o~., FOR i~TATER RIGHTS OF SUNFLOWER ) ' <br />' ENERGY CORPORATION "~"~=5*I~'~'~~!r r_:.y-,~:~~•, ..........,....,..,....-,,.,..«.~k,~,...,~..M,..,~r~,,.. <br />zrT Trlr•. GUNNISON ) <br />RIVER OR ITS TRIBUTARIES; ) RULING OI•' WeITER RL'FEIU;E <br />'TRIBUTARY INVOLVED: HUBBARD CREEK )' <br />IN DELTA COUNTY ) <br />1. Applicant: Sunflower Energy Corporation, c/o its attorney, Charles <br />F. Willett, P. 0. Dox 42, Delta, Colorado 81416. <br />2. Name of ditch or other structure: A. Blue Ribbon Ditch <br />No. 1; B. Blue Ribbon Reservoir No. 1. <br />3. Point of diversion: A. A point whence the Northwest Corner, <br />Section 2, Township 13 South, Range 91 West, Sixth P.M., bears North 89° 27' West. <br />775 feet; and B. a point whence the Northwest Corner, Section 2, Township 13 <br />South, Range 91 West, Sixth P.M., bears North 59° 15' West 1328 feet. <br />4. t9eans of diversion: A. itch <br />B. ~"I~eservo <br />- -- <br />S. Type of use: Industrial and domestic <br />6. Amount of [•Iater: A. Absolute: None ~~~.~ `~ <br />II. Conditional: (1 ~~ <br />(2) 122 acre feet- iZ._~~, <br />7. Date of appropriation: A. SIistoric date: January 24' 977, <br />B. -Filing- date: February 28. 1977 <br />The~riority herein awarded shall be iunior to aT>>~.p+_i_~+-.ities_ <br />awarded in previous years- 'T'he priority shall be junior to all <br />water rights or conditional water rights awarded on applications <br />filed in previous calendar years. As between all rights filed the <br />same calendar year that this application was filed, priorities shall <br />be determined by the historical dates of appropriation and not <br />affected by the date of entry of this judgment. <br />IT IS THE RULING OF THE REFEREE that the statements contained in the application <br />are true and that the applicant is granted a CONDITIONAL DECREE for 2.0 c.f.s. and <br />a CONDITIONAL DECREE FOR 122.0 a.f. from Hubbard Creek, which is tributary to the <br />North Fork of the Gunnison River, which is tributary to the Gunnison River, at a <br />point of diversion above indicated and for the above described beneficial uses. <br />PROVIDED that not more than .25 c.f.s. and one-fourth of the storage water shall <br />be used for domestic use with a decree date of February 28, 1977, and an <br />historical date of January 24, 1977. <br />IT IS FURTHER PROVIUED that if applicant intends to use this water foi° <br />augmentation, a plan should be filed in accordance with Section 37-92-307, C.R.S. <br />1973, as amended. <br />i. ~. <br />