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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79CWIBB

11. A Statement of Opposition was timely filed by the United States
of America, and as a result, on October 31, 1979, the application was
re-referred by the water Referee to the Water Judge for Water Div. 5.

.lL. 0n u-.;Luuc:": 10, .1.979, 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states of America was effectively withdrawn as a result of Stipulation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 included
in this Ruling of Referee.' As a result, the application has been again
referred to the Water Refe~ee by the Water Judge for Water Div. 5.

,13. On October 24, 1979, an Entry of Appearance was filed by the
City of Aspen, Colorado and the Pitkin County Board of Commissioners
in support of the applicat~on.

The Referee does therefore conclude that the above entitled

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 January, 1979, abso~utely and unconditionally; subject; however,

to the following stipulated agreement;

a. AppJ icant I 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. 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 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

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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 filed

Done at the city of Glenwood Springs, Colorado, this

Engineer.

//tJ.

with the appropriate Division Engineer and the- State

day of F;.;~vA,,"V
r

19B1.

BY THE REFEREE:

5

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