2-04CW081 Decree

• Case Number: 04CW0081
• Stream Name: Currant Creek
• Watershed: Arkansas Headwaters
• Water Division: 2
• Water District: 12
• County: Fremont
• Instream Flow App - Doc Type: Final Decree/Stipulations

Conservation Board under the provisions of C.R.S. § § 37- 92- 102(3) and 37 -92-
103(3), (4) and (10).
10, Amount of water claimed (ABSOLUTE): lnstream flow of 1.9 cfs (April 1 - July 14),
1.5 cfs (July 15 - October 31), and 1.0 cfs (November 1 - March 31).
CONCLUSIONS OF LAW
11. Notice and Jurisdiction: The Water Court for Division 2 has jurisdiction over the
subject matter of these proceedings and over all persons, owners of property and water rights
that may be affected hereby, whether or not they have chosen to appear. The Application
this matter and the resume publication of the Application placed such person 2 n and e of
the relief requested by the Application and granted by this decree. §§ 37-92-3
C.R.S. (2009).
12. The CWCB has fulfilled all legal requirements for a decree for water rights including
§§ 37 -92 -302, 304 and 305, C.R.S. (2009).
Burden of Proo£ The CWCB has complied with all requirements,, has met
ad
n
13.
standards of burdens of proof to adjudicate the water rights requested in the Application
is therefore entitled to a decree approving the requested water rights.
JUDGMENT AND DECREE
14. The foregoing Findings of Fact and Conclusions of Law are hereby approved and
incorporated as the Judgment and Decree of the Court by this reference.
15. The Application is granted and the Court hereby approves and decrees the absolute
water rights described herein, in the amount of 1.9 cfs (April 1 - July 14), 1.5 cfs (July 15 -
October 31), and 1.0 cfs (November 1 - March 31) in order to preserve the natural
environment to a reasonable degree in Currant Creek between the ups m
tream and downstrea
points described in paragraph 7 above. The appropriation date for this water right is January
28, 2004.
k and the
16. The CWCB acknowledges that senior water rights
priority herein awarded
water right awarded herein is tributary to the Arkansas River.
was filed in the water court in the year of 2004 and shall be junior to all priorities filed i e
previous years. As between all rights filed in the same calendar year, priorities
determined by historical date of appropriation and not affected by the
s ratio e the Division
Accordingly, the water right adjudicated herei J
Engineer's Office. The Applicant shall install and maintain such
m of this devices and
keep such records as the Division Engineer may req uire for