ISFAPP00040

• Case Number: 78W3795
• Stream Name: Cross Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

1;. n">::(""';':''-;''''!'''If b'?ginn;~::: )~rl :'~c P(;:,o:..... ,)f mini-
mum Stream flow claimed: the natural stream channel from con-
fluence with East Cross Creek at lat 39 deg 29t54" N, long
lOb deg 28'43" \oj as the upstream terminus and confluence
with the Eagle River in see 36, T5S R81W, 6th PM as the down-
stream terminus.

6.
mum stream
environment

The use of the water is
flows as are required to
to a reasonable degree.

to appropriate such mini-
preserve the natural

7.
12, 1918.

The da~e of initiation of appropriation is May

B. The amount of water claimed is:
(winter) 8 cubic feet of water per second of

(summer) 20,
time.

9. The water was fi rst appl ied to the above benefi-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation Soard under the provisions of C.R.S. 1913,
37-92-102(3).37-92-103(3). (4) and (10).

10. This 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 91, signed into law, April 23, 1973.

11. Statements of opposition were timely filed
the Colorado River water Conservation District and the
States of Am~rica and as a result, on ~~~~~~
~~_~~___________, the application was rereferred;r.;
wa(er jud~e for Water Division No.5.

12. The statementl of opposition of the Coloradobt/6""
water Conservation District w~~ subsequently withdrawn and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was withdrawn by stipulation, the pertinent parts of which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 rul ing of the referee. AS a result,
the appl ication has again been referred to the water referee
by the water judge for Water Division No.5.

by
Un i ted
z.a
the I

The referee does therefore conclude that the above-entitled

appl ication should be granted and that (summer) 20, (winter)

8 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 Cross Creek between the beginning and end points

as described in paragraph 5 above, with an appropriation

date of MdY 12, 1978, absolutely and unconditionallYi sub-

ject, however, to the following stipulated agreement:

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

b. Appl i cant shall appl y for any spec i al use permi ts
or rightS-Of-way, as the case may be, if the same are requi red

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