ISFAPP00015

• Case Number: 80CW0375
• Stream Name: Ute Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW375

6. The use of the water is to appropriate such minimum
stream flows as are required to preserve the natural environment
to a reasonable degree.

7. The date of initiation of appropriation is May 7, 1980.

8. The amount of water claimed is: 6.0 cubic feet of water
per second of time.

9. The water was first applied to the above beneficial use
on May 7, 1980, by action of the Colorado Water Conservation
Board under the provisions of C.R.S. 1973, 37-92-102(3) 1
37-92-103 (3), (4) and (10).

10. The appropriation is made under the provisions of
C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as
Senate Bill 97, signed into law April 23, 1973.

11. On October 21, 1980, a statement of opposition was filed
by the United States of America.

12. On December 23, 1980, the statement of opposition of the
United States of America was effectively withdrawn as a result of
stipulation between the parties involved, the pertinent parts of
which are included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 6.0 cubic feet of water per

second of time are hereby awarded for the purpose of maintaining

a min~murn stream flow as required to preserve the natural environment

to a reasonable degree on Ute Creek between the beginning and end

points as described in paragraph 5 above, with appropriation date

of the 7th day of May, 1980, absolutely and unconditionally; subject,

however, to the fOllowing stipulated agreement;

(a) Applicant's rights are subject to all such rights of
the united States of America in the subject source, including
reserved rights, as are now or will hereafter be determined by
law to be senior.

(b) Applicant shall apply for any special use permits or
rights-af-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

integration and tabulation by the Division Engineer of such priorities

and changes of rights in accordance with law; and provided further

that,the applicant herein will construct and maintain at its expense

a suitable measuring device or gauging station as approved by the

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