ISFAPP00166

• Case Number: 79CW0176
• Stream Name: South Fork Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

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79CIH 76

10. This appropriation is made under the prOV1Slons 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. 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 Division No.5.

12. On October 16, 1979, the Statement of Opposition of the
United States of America was effectively withdrawn as a result
of Stipulation betl1een the parties involved, the pertinent
parts of which are included in this Ruling of Referee. As a
result, the application ~as been again referred to the Water
Referee by the Water Judge for Water Division No.5.

The Referee does therefore conclude that the above entitled

application should be granted and that 4.0 cubic feet of water
per second of time during the summer months and 2.0 cubic feet
of water per second of time during the winter months are hereby

awarded for the purpose of maintaining a minimum stream flow
as required to pre~erve the natural environment to a reasonable

degree on the South Fork. Williams Fork River between the begin-
nign and end points as described in paragraph 5 above"with
appropriation date of the 18th day of May, 1979, 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;

ans subject to all earlier priority rights of others and to the

integration and tabulation by the Division Enginer 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.

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