ISFAPP00169

• Case Number: 73W1949
• Stream Name: North Fork Fryingpan River
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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STATE OF COLORADO

RECEIVED

JUN 1 81974
COlO. WATER'
CONSERVATION BOARO

IN THE DISTRICT COURT IN AND

FOR WATER DIVISION NO_ 5

Application No_ W-1949

FILED
IN WATER COURT
Division No. j

IN THE MATTER OF THE APPLICATION )
FOR WATER RIG~TS OF THE COLORADO )
WATER CONsERVATION' BOARD, ON )
BEHALF OF THE PEOPLE OF THE STATE )
OF COLORADO, IN THE FRYINGPAN )
RIVER OR ITS TRIBUTARIES )
TRISVI'ARi' INVOLVED: NQR'rH FIH~l< )
'OF THE FRYINGPAN 'RTVF.'R IN EAGLE )
. AND PITKIN COUNTIES )

RULING OF
REFEREE

HO'/1 01973
sTATE OF. COLORADO

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BV DEPUTV

The above entitled matter having been referred to the undersigned as

Water Referee for Water Oivision No.5, State of Colorado, by ~e Water Judge of

said Court on the 17th day of July, 1973, in accordance with Article 21 of Chapter.

148, Colorado Revised Statutes 1963, as amend~d (Chapter 373 S.L. Colo. 1969) I

known as The Water Rights Determination and Administration Act of 1969.

And the undersigned Referee having made such investigations as are

necessary to determine whether or not the statements in the application, and

statement of opposition, are ,true and having become fully advised with respect to

the subject matter of the application, and statement of opposition, does hereby

make the following determination and ruling as the Referee in this matter, to~it:

1. The statements in the applicatiOn and in the Statement of apposition
are true.

2. There is no ditch or structure involved; however,. for the purpose of
identification, the water right will be called North Fork of the
Fryingpan River.

3. The name of claimant and address is: The Colorado Water Conservation
Board, 1845 Sherman Street, Denver, Colorado.

4. The source of the water is the North Fork of the Fryingpan River, a
tributary of th.e Fryingpan River.

Sa There is no diversion a The application is for instream use on the
North Fork of the Fryingpan River from a point immediately below the
collection system of the Fryingpan-Arkansas Project- to the point of
confluence with Cunningham Creek.

6. The proposed' use of the water is to maintain such minimum flows in
the stream bed as are required to preserve the natural environment to
a reasonable degree.

7. The date of initiation of the appropriation is July 12, 1973.

B. The water was first applied to the above beneficial use on July 12,
1973, by action of the Colorado Water Conservation Board under the
provisions of Sec. 148-21-3(6), (7), and (10), as amended.

9. The amount of water claimed is 1.0 cubic foot 'of water per second of
time during the period from April 1 to September 30; and 0.5 cubic
foot of water per second of time ~uring' the period of time from October
1 'to March 31-