ISFAPP01523 ‎(2)‎

• Case Number: 05CW0245
• Stream Name: Spring Creek
• Watershed: North Fork Gunnison River
• Water Division: 4
• Water District: 40
• County: Gunnison
• Instream Flow App - Doc Type: Final Decree/Stipulations

8, Amount of water claimed (ABSOLUTE):

First water right (de'scribed in 4.a. above): All unappropriated water.

Second water right (described in 4.b. above): Instream flow of2.7 cfs
(April IS-August ]4); 0.8 cfs (August IS-Dctober ]4); and 0.5 cfs
(October ]S-April ]4) with a January 23, 2002 appropriation date and
1.9 cfs (August IS-October 14) and 2.2 cfs (October IS-April 14) with
an appropriation datI: of May 2S, 200S.

Tenns and Conditions: The United States Forest Service shall hold a
springing executory interest in the water rights decreed herein. Such rights shall vest
if, and only if, the following events occur:

a. The legislature of the State of Colorado abolishes the Board's
instrearn flow progl1un; or

b. The legislature of the State of Colorado takes such other steps as
will have the effect oftenninating the Board's instrearn flow program,
or otherwise prevenling the Board from protecting these rights in the
manner described in the enforcement agreement entered into between
the Board and the Forest Service, attached to this proposed decree. The
end result of the combined water rights is a year around amount of2.7
cfs.

The above terms and conditions were agreed to pursuant to the stipulation of the
Colorado Water Conservation Board and the United States Forest Service, and
because of the unique characteristics and circumstances concerning Spring Creek, and
therefore establishes no precedent or expectation or interest with respect to any other
stream within the State of Colorado.

TIlE WATER REFEREE RULES:

The application is granted and a decree (ABSOLUTE) as to the first water right
for all uttappropriated water described in 4.a, above with an approporiation date of May
2S, 200S; and as to the second water right in the amount of an Instream flow of2.7 cfs
(April IS-August 14); 0.8 cfs (August IS-Dctober 14); and O,S cfs (October ]5-April
]4) with a January 23, 2002 appropriation date and 1.9 cfs (August ]5-October ]4) and
2.2 cfs (October ]S-ApriI14) with an appropriatiott date of May 25,2005 is hereby
entered to preserve the natural environment to a reasonable degree through the stream
segment described in paragraph 4 above.

The priority herein awarded was filed in the water court in the year of2005 and
shall be junior to all priorities filed in previous years. As betweett all rights filed in the
same calendar year, priorities shall be determined by historical date of appropriation and

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