ISFAPP00246

• Case Number: 80CW0376
• Stream Name: Papoose Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

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80C\076

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of the United States of America was effectively withdrawn as a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 this Ruling of Rferee.

The Referee does therefore conclude that the above entitled

application should be granted and that 2.5 cubic feet of water

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

a ~inimumrstream flow as required to preserve the natural environ-

ment to a reasonable degree on Papoose 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;

subject, however, 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, including reserved rights, as are now or
will hereafter be determined by law to be senior.

(b) Applicant shall apply for any special use permits
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 main-

tain 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.
It is further ORDERED that a copy of this ruling shall be
filed with the appropriate Division En2:ineer and the State

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