ISFAPP00270

• Case Number: 80CW0378
• Stream Name: East Fork Fawn Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW378

8. The amount of water claimed is: 2.0 cubic feet of
water per second of time.

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 prOV1Slons 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the United States of America was effectively withdrawn as a result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 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 preserve the natu~al envir?nment

to a reasonable degree on East Fork Fawn Creek between the beginning

and end points as described in paragraph 5 above, with appropriation:

date of the 7th day of May, 1980, 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 res,erved rights t as are now
or will hereafter be 'determined by law to be
senior,

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

(b)

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 approvedby 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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