ISFAPP00034

• Case Number: 94CW0055
• Stream Name: Pierce Creek
• Watershed: Rio Grande
• Water Division: 3
• Water District: 20
• County: Mineral
• Instream Flow App - Doc Type: Final Decree/Stipulations

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No. 94CW055
Colorado Water Cons. Board

9. This ruling is subject to the following terms of the
stipulation entered into between the Applicant and 4UR ranch:

a. Pursuant to ~ 37-92-102(3) (b), C.R.S. (1990), the
instream flow right sought in this application is subject to the
historic diversion practices of the Pierce Creek Ditch. As a
result, CWCB shall not seek to curtail the diversions from the
pierce Creek Ditch regardless of whether the ditch is diverting
under its own priority or by exchange.

b. The Pierce Creek Ditch is limited to 1 c.f.s. of direct
flow diversions for the irrigation of 7 acres of hay pasture
during the typical irrigation season that runs from May 1 to no
later than the end of the third week in August. The total annual
diversions of the Pierce Creek ditch shall be limited to 77 acre
feet per year.

c. The Hot Springs Pipeline and Reservoir rights are
senior to CWCB's instream flow rights on Pierce Creek. As a
result, CWCB shall not seek to curtail the diversions from the
Hot Springs Pipeline and Reservoir regardless of whether the
ditch and reservoir are diverting under their own priorities or
by exchange.

d.
devices as
Division 3
to between

The Objector 4UR Ranch agrees to install measuring
required by the State or Division Engineer for Water
to administer the terms of the stipulation entered in
the parties.

THE WATER REFEREE RULES:

The application is granted and a decree (ABSOLUTE) in the
amount of 1.25 c.f.s. (April 1 - August 15); .50 c.f.s. (August
16 - March 31) is entered to preserve the natural environment to
a reasonable degree through the upstream and downstream points as
described in paragraph 4 above. The appropriation date for this
water right is March 9, 1994.

The priority herein awarded was filed in the water court in
the year of 1994 and shall be junior to all priorities filed in
previous years. As between all rights filed in the same calendar
year, priorities shall be determined by historical date of
appropriation and not affected by the date of entry of ruling.
The Applicant shall install and maintain such measuring devices
and keep such records as the Division Engineer may require for
administration of this right.

It is ORDERED that this Ruling shall be filed with the water
clerk subject to judicial review.

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