ISFAPP00226

• Case Number: 73W1951
• Stream Name: North 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
COLD
CONSERVAT/~NATER
BOARD

IN THE DISTRICT COURT IN AND

FOR WATER DIVISION NO. 5

STATE OF COLORAOO

F I LED
IN WATER CUUItT
Division No. J

Application No. W-1951

110'./1 Cl1973
STATE OF COLORADO

IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF THE COLORADO
WATER CONSERVATION BOARD, ON
BEHALF OF THE: PEOPLE OF THE STATE
OF COLORADO, IN THE FRYINGPAN RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: NORTH
-
CUNNINGHAM CREEK IN PTTKTN rOTTN'T'V

RULING OF
REFEREE

n' '~--::ciJ/!!j.7~'

The above entitled matter having been referred to the undersigned as

Water Referee for Water Division No.5, State of Co~orado, by the 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 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 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-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 North Cunningham
Creek.

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 North Cunningham Creek, a tributary of
the North Fork of the Fryingpan River, tributary to the Fryingpan
River.

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

6. The proposed use of the water is to maintain such nun~mum flows in
the stream bed as are required to preserve the natural enyironment
to a reasonable degree.

7. The date of initiaiton 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 time.