ISFAPP00247

• Case Number: 73W1953
• Stream Name: Mormon Creek
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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(10), as'amended.

9. The amount of water claimed is 2.0 cubic feet per
second of time during the period frOm' April 1 tp
September 30i and 1.0 cubic foot per second of time
during the period from October 1 to March 31.

10. This appropriation to maintain minimum stream flow
is made under the provisions of Section 148-2i-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 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 authorizing the
construction of the Frying Pan-Arkansas Project (76
Stat. 389) specifically directed the operation of the
project in accordance with certain Operating Principie3-
appearing as House Document No. 130, 87th Cong. 1st eess.,
and that the Ruling and Decree are not intended to be,
nor shall it be constru'ed as, an amendment, variation,
abrogation or construction of such Operating Principles.

The Referee does therefore conclude that the above entitled

applicatio~ should be granted, and that 2.0 cubic feet of water per

second of time during the period from April 1, to September 30; and

1.0 cubic foot of water per second of time during the period from

October 1 to March 31, is hereby awarded to Mormon Creek from a point

immediately below the collection system of the Fryingpan-Arkansas

Project to the confluence with the North Fork of the Fryingpan River,

for the purpose of 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 ccpy of this ruling shall be filed

with the appropriate ~~~Biq~-_:Eng.ineer and the State Engineer.

Done at the City of~Glenwood Springs, Colorado this

/'1/i day

of LIoi/",NRel'C. 1973.
No prote~t was tiled in this matter,
The foregoing rUling 1s cont1r~ad
and approved, and is made the
Judgment and Decree of this court.

Dated;~!:'1 Y!ljf7'!

BY THE REFEREE:

~~
'wi referee, Water -Division No.5