ISFAPP00243

• Case Number: 80CW0369
• Stream Name: Middle Miller Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW369

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 29, 1980, a Statement of Opposition was
filed by the United States of America.

12. On December 23, 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the United States of America was'effectively withdrawn as a result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 the Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 2.0 cubic feet of water

per second of time are hereby awarded for the purpose of maintaining

a minimum stream flow as required to, presel"ve the natural environ-

ment to a reasonable degree on Middle Miller 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; subj ect, howe'!e,r, to the following stipulated

agreement;

(a) Applicant's rights are subject to all such
rights of the United States of America in the
subject source, incl~ding reserved rights, as
are now or will hereafter be determined by law
to be senior t

(b) Applicant shall apply for any special use per-
mits 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 such
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 gauging
station as approved by the State Engineer or his representative
for the purpose of administering this water right in priority
as required by law.

,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 37-92-304 CRS

1973.

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