ISFAPP00013

• Case Number: 77W3643
• Stream Name: North Rock Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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1'/-3643

11. statements.. of opposition were timely filed by the Colorado
River Water Conservation District, by the Middle Park Water Conservancy
District, and by the United States of America, and as a result, on
March 20, 1978, the application was re-referred by the Water Referee
to the Water Judge for Water Division No. S.

12. The Statements of Opposition of. the Colorado River Water
Conservation District and of the Middle ,fark Water Conservancy District
were subsequently withdrawn, and the Statement of Opposition of the
United States of America was withdrawn by Stipulation, the pertinent
parts of which are included in this Ruling of Referee. As a result,
the application has been again referred to the Water Referee by the
Water Judge for Water Division No. 5~

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The Referee does therefore conclude that the above entitled

application should be granted and that 5.0 cubic feet of water per
second of time are hereby awarded for the purpose of maintaining a

minimum stream flow as required to preserve the natural environment to

a reasonable degree on North Rock Creek, between the beginning and end

points'as described in paragraph 5 above, with appropriation date of the

19th day of January, 1977, absolutely and unconditionally; subj,ect,

however, to the following stipulated agreement;

a. Applicant's rights are subject to ail senior rights'Qf the
United States of America in the subject &ou~ce, including properly
decreed reserved rights, as are now or will hereafter be determined by 1

b. Applicant shall apply for any special use permits or rights-of-
way, as the case may be, if the same are required by law for the use of
public resources contemplated by the subject application and shall abide
by the conditions set forth therein;

and subject to all earlier priority rights of others and to the integrat

and tabulation by the Division Engineer of such priorities and changes

of rights in accordance with law; and provided further that the applican

herein will construct and maintain at its expense a suitable measuring

device or gauging station as approved by the State Engineer or his

representative for the purpose of administering this water right in

priority as required by law.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304 CRS 1973.

It is further ORDERED that a cop~ of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood springs, Colorado, this // ~
day of FE~"fJAII. 'I ' 1981.

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BY THE REFEREE,

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Water Division No. 5
State of Colorado

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