ISFAPP00206

• Case Number: 80CW0312
• Stream Name: Deep Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 53
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

.80CW3l2

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8. The amount of water claimed is: 14.0 cubic feet of water <jJ~,,\'
per second of time during the Summer months and 8.0 cubic feet of ~<
water per second of time during the Winter months.

9. The water was first applied to the above beneficial use
on May 7, 1980, by action of the Colorado Water Conservation Board
under the provisions of C.R.S, 1973, 37-92-102(3), 37-92-103(3),
(4) and (10).

10. This appropriation is made under the provisions 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. On October 30. 1980, a Statement of Opposition was filed
by the United States of America.

12. On November 21, 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United States of America was effectively withdrawn as a result of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 14.0 cubic feet of water per

second of time from May 1 through September 30, and 8.0 cubic feet.

of water per second of time from October 1 through April 30, are

hereby awarded for the purpose of maintaining a minimum stream flow

as required to preserve the natural environment to a reasonable

degree on Deep Creek between the beginning and end points as described

in paragraph 5 above, with appropriation date of the 7th day of May,

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 here-
after be determined by law. ".
(b) Applicant shall apply for any sepcial 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 s~ch 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 guaging station as approved by the State

Engineer or his representative for the purpose of administering this

water right in priority as required by law.