ISFAPP00209

• Case Number: 73W1957
• Stream Name: Middle Cunningham Creek
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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RECEIVED

JUN 1 81974

COLO. ~r,"
IN THE DISTRICT COURT IN ANDCONSERVA ION BO'lfiO I LED >

FOR WATER DIVISION NO. 5 IN W ATEl( C:;;J;:T I
Divi::;jun Nv.. .) ~

STATE OF COLORADO

Hl1'-; 1 ~) 1978
STATE OF COLORADO

Application No. W-1957

IN TIlE MA'l'l'ER OF THE AFPLICATION )
FOR WATER RIGHTS OF THE, COLORAOO )
WATER CONSERVATION BOARD, ON BEHALF )
OF THE PIXJPLE OF THE STATE OF )
COLORADO IN TIlE FRYINGPAN RIVER OR J,
ITS TRIBUTARIES )
TRIBUTARY INVOLVED: MTnm.F. ClTNNTNr.HAM CRF.FX )
IN PITKIN COUNTY )

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RULING OF
REFEREE

The above entitled matter having bee referred to the under-

signed as Water Referee for Water Division No.5, State of Colorado,

by the Water Judge of said Court on the 17th day of July, 1973, in

accordance with Article 21 of Chapter 14~t Colorado Revised Statutes

1963. as amended (Chapter 373 S.L. Colo. 1969), known as The Water
Rights Determination and Administration Act of 1969.

.
And the undersigned Referee having made such investigations

as are necessary to determine ~hether 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-wit:

1. The statements in the application and in the Statement of
Opposition are true.

2. There is no ditch or structure involved; however, for the.
purpose of identification, the water right will be called
Middle Cunningham Creek.

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

4. The source of the water is Middle Cunningham Creek, tributary
to Cunningham Creek, tributary to the Fryingpan River.

5. There is no diversion. The application is for in-stream use
on Middle Cunningham Creek from a point immediately below the collect-
ion 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.

8. 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 per second of