ISFAPP00134

• Case Number: 79CW0188
• Stream Name: Hunter Creek
• Watershed: Roaring Fork River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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11. A stateme~ of Opposit~on ~~ timely f~led by the United States
of America, and as a ~esult, on October 31, 197"9, the application'was
re-referred by the Water Referee to the Water Judge for Water Div. 5.

12. On October 16, 1979, the Statement of Opposition of the United
States of America WuS effectively withdrawn as a result of Stipulation,
between the parties involved, the pertinent parts of which are include
in this Ruling of Referee~ .As a resu~.t, the application has been again
referred to the wa~er Ref~ree by the 'Water JUdge for Water Div. 5.

13. On October 24, 1979/ an Entry of Appearan~e was filed by the
City of Aspen, Colorado arid the Pitkin County Board of Commissioners
in support of the application.

The Referee does therefore conclude that the c1bove ~ntitled

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

second of time are hereby awarded for the purposes of maintaining a

minimum stream flow as required to preserve the natural environment to

a reasonable degree on Hunter Creek, between the beginning and end points

as described in paragraph 5 above, with appropriation date of the 31st

day of Jc1nuary, 1979, absolutely and unconditionally; subject; however,

to the following stipuLated ag'reement;

a. ^pplicant's rights are subject to all senior rights of the
United States of ^mcr.i{;a i.n the subject source, including properly
decreed reserved rigllt6, as are now or will hereafter be determined .by law.

b. Applicc1nt shaJ.l apply for any special use permi,ts or rights-of-
way, as the case may b(~, if the same are required by law for the use of
public rcsources conten1platcd by the subject application and shall
abide by the condi tion~' set forth therein;

and subject to all curli8r 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 la\.....

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 ORDEBED tllat a copy of this ruling shall be filed

with the appropriate Divisi~n Engineer and the State

Done at the City of Gl.cnwood Springs, ColoradO, this

Engineer.
/Iti.

day of h~il't/,rlo/_,: 198L

BY THE REFEREE:

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. vlater Division No. 5
State of Colorado

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