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

, '

BOCW133

11. On July 16, 1980, ?Statement of Opposition was filed by
the United States of Amerfc~t:."xt>

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United States of America was effectively withdrawn as a result of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 involved, the pertinent parts of
which are included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

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

second of time is hereby awarded 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 17th day of March, 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 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

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

with the appropriate Division Engineer and the State Engineer.
II t!5

Done at the City of Glenwood Springs, COlorado, this

day of F&'8It!VA"'1 ' 1981.

BY THE REFEREE:

Q4M~
~l;rJ::~r Referee
water Division No. 5
State of Colorado

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