ISFAPP00117

• Case Number: 80CW0311
• Stream Name: Main Elk Creek
• Watershed: Elk Creek
• Water Division: 5
• Water District: 39
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

BOCIBll

8. The amount of water claimed is: 10.0 cubic feet
per second of time during the Summer months and 6.0 cubic
water per second'of time during the Winter months.

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), 37-92-103(3), (4)
and (10).

of water
feet of

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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 20, 1980, a Statement of Opposition was filed
by the United States of America.

12. On November 21, 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United States of America was effectively withdrawn as a result of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 inUluded in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 10.0 cubic feet of water per
second of time from May 1 through September 30, and that 6.0 cubic
feet of water per second of time from October 1 through April 30,

are hereby awarded for the purpose of maintaing a minimum stream

flow as required to preserve the natural environment to a reasonable

decree on Main Elk 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 senior rights of the
United States of America in the SUbject source, "including
properly decreed reserved rights, as are now or will here-
after be determined by law.
(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 .
integration and tabula~ion 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 guaging station as approved ~y the

State Engineer or his representative for the purpose of administering

this water right in priority as requi~ed by law.