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<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
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<br />~II II~~I~'I~I~~~ ~I~
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<br />IN TRE' DISTRICT COURT ,
<br />NATIR DISTRICT ~4
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<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
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<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.
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