ISFAPP00136

• Case Number: 80CW0133
• Stream Name: Stone Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

~W133

11. On July 16, 1980, a Statement of Opposition. was filed by
the United States of America.

12. On September 9, 1980, the Statement of Opposition of the
United States of America was effectively withdrawn as a result of
Stipulation between the parties invol~cd, tIle pertinent p~rts of
which are included in this Ruling of Referee.

The Referee docs therefore conclude that the above entitled

application should be granted and that 1.0 cubic foot of water per

second of time is hereby uwanlcd for the purpose of maintaining a

minimum stream flow as required to preserve the natural environment

to a reasonable degree on Stone Creek, between the beginning and

end points as described in paragraph 5 above, with appropriation

date of the l7tll day of Marchi 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 lunerica in the subject' source, including properly
decreed reserved rights, as arc now or will hereafter be determined
by law.

b. ^pplicant shall apply [or .Joy special use permits or rights-
of-way, as the case may be, if the same arc required by law for the use
of public resources contemplated by the subject application and shall
abide by tIle conditions set fOl:tll therein;

and subject to all carlier priority rights of others and to the

integration and tabulation by the Oivi~ion 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 ihe purpose of administering this

water ri~ht in priority as re~llircd 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? copy of this ruling shall be filed

with the appropriate Division Engineer and the State Engineer.
II t6

Done at the City of Glcnwood Springs I Colorado,

day of Elii't9 ee/L9fl_t_, 1981,

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BY TilE HEFEluml
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CY{JM ~ I
~r Referee
Water Division No. 5
State of Colorado

RECEIVED
MAR 2 7 1981
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