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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time during the period from April 1 to September 30; and
0.5 cubic foot per second of time during the period from
October 1 to March 31.

10. This appropriation to maintain minimum stream flow i6 made under
the provisions of Section 148-21-3(6). (7) and (10) as amended
by Senate Bill 97, signed into law April 23. 1973.

11. On September" 28, 1973, the Colorado River Water Conservation
District filed, in Water Court for Water Division No.5, a
Statement of Opposition to this application in which it is stated:
The Colorado River Conservation District has no objection"to the
granting of the application for water rights on the condition,
however, that as a part of the Ruling of the Referee and the
Decree of the Water Court a Finding is made and an Order entered
that the Congress of the United States of America 'in auth~rizing
the construction of the Frying Pan-Arkansas Project (76 Stat. 389) .
specifically directed the operation of the project in accordance
with certain Operating Principles appearing as House Document No.
130, 87th Cong. 1st Sess., and that the Ruling and Decree are not
intended to be, nor shall it be construed as, an amendment,
variation, abrogation or construction of such Operating Principles.

The Referee does therefore conclude that the above entitled application

should be granted, and that 1.0 cubic foo~ 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 during t~e period from October 1 to March 31, is hereby awarded.

to Middle Cunningham Creek, from a point immediately below the collection system

of the Fryingpan-Arkans~s Project to the point of confluence with Cunningham

Creek, for the purpose af maintaining such minimum flows in the stream. bed as

are required to preserve the natural environment to a reasonable degree, with

appropriation date of the 12th day of July, 1973, absolutely and unconditionally;

subject, however, to all earlier priority rights of others in accordance with

law, and also subject to the Operating Principles of the Frying Pan-Arkansas

Project.

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 148-21-20 CRS 1963 as amended (1971).

It is further ORDERED that a copy of this ruling shall be filed

~ith the appropriate Divisi9n Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorad, this /tj? di..
day of "t/,h~u'8E.t' , 1973.

BY THE REFEREE:

r;o protc!:;t' ~os filed in th1s mattor.
The foregoing rulin~ 1s conf1r~ed
and opproved. and is made the
Judgment and Decree of this oourt.

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ater Division No. 5
State of Colorado

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