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ISFAPP00227
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ISFAPP00227
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Last modified
6/27/2016 3:27:45 PM
Creation date
10/5/2006 10:18:20 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
73W1948
Stream Name
Fryingpan River
Watershed
Fryingpan River
Water Division
5
Water District
38
County
Pitkin
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />~ <br /> <br />.'"~':I_,-,,,, <br /> <br />.... <br /> <br />,",:-.-". <br /> <br />""'.- <br />,. :'."~A'lJ1":fI'l- <br />. '~"- -'t\'- <br /> <br />11. <br /> <br />On September 28, 1973, the Colorado River Water Conservation District <br />. filed, in Water Court for Water D~vision No.5, a Statement of <br />Opposition to this application in which it is stated: The Colorado <br />River Conservation District has no objectio~ to the granting of the <br />application for water ri.gh"ts on the. condition', however, thc:t as a <br />part of the Ruling of the Referee and the Decree of the Water Court a <br />"Finding is made and an Order entered that, the Congress of the United <br />States of America in authorizing the construction of the Fryingpan- <br />Arkansas Project (76 Stat. 389)' specifically directed the operation <br />of the project in accordance with certain Operating Principles <br />appearing as House Document No. 130, 87th Congo 1st Sess., and that <br />the Rulinq and Decree are not intended to be, nor shall it be <br />construed as, an amendment, variation, abrogation or construction of <br />such Operating Principles. <br /> <br />The Referee does therefore conclude that the above-entitled application <br /> <br />should be granted, and that 12.0 cubic feet of water per second of time during the <br /> <br />period from April I to September 30, and 6.0 cubic feet of water per second of time <br /> <br />during the period from October I to March 31, is hereby awarded to the Upper <br /> <br />Fryinqpan River from a point immediately above the confluence of the 'Fryingpan <br /> <br />River and the South Fork of the Fryingpan River, for the purpose of maintaining <br /> <br />such minimum flows in the stream bed as are required to _];)reserve the na.tural. <br /> <br />environment to a reasonable degree, with appropriation date of the 12th day of <br /> <br />July, 1973, absolutely and unconditionally; subject, ho~ever, to all earlier <br /> <br />priority rights of others in accordance with law, and also subject to the Operation <br /> <br />Prin~ip1es of the Fryingpan-Arkansas Project. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with the.Water <br /> <br />Clerk and shall become effective upon such filing, subject to judicial review <br /> <br />pursuant to Section 148-21-20 CRE 1963 as amended (1971). <br /> <br />It is further ORDERED that a copy of this ruli.ng shall be filed with the <br /> <br />appropriate Division Engineer and the State Engineer. <br /> <br />day of <br /> <br />Done at the city of Glenwood Springs, Colorado, <br />#OiJEMRER' , 1973. <br /> <br />.~ <br />this / r <br /> <br />BY THE REFEREE: <br /> <br />1 d jn th ~ c~t~c~. <br />no pro~C::;t ':'3.S ii e .'- L. <br />The forc~jing ruli~~ is conf1r~cd <br />and np?r~ved. and is ~ade the <br />J~dgment and Decree of this aourt. <br /> <br /> <br />~~'i~ <br /> <br />ater D~vis~on No. 5 <br />State of Colorado <br />
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