ISFAPP00077

• Case Number: 80CW0372
• Stream Name: Ripple Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW37Z

9. The water was first applied to the above beneficial
use on ~~y 7, 1980 by action of the Colorado Water Conservation
Board u~r the provisions of C.R.S. 1973, 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 97, signed into law April 23, 1973.

11. On October 29, 1980, a Statement of Opposition was
filed by the United States of America.

12. On December 23, 1980, the Statement of Opposition
by the United States of America was effectively withdrawn as a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 af~~~

should be granted and that 4.0 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 reason-

able degree on Ripple 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 how-

ever, to the following stipulated agreement;

(a) Applicant's.tights 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 app1"y"for any special use per-
mits 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

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 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 copy of this ruling shall be

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