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ISFAPP00299
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ISFAPP00299
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Last modified
6/27/2016 3:38:45 PM
Creation date
10/5/2006 10:18:33 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
75W2775
Stream Name
North Thompson Creek
Watershed
Crystal River
Water Division
5
Water District
38
County
Pitkin
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />'.- <br /> <br />W-2775 <br /> <br />7. <br /> <br />The date of initiation of appropriation is July 9, 1975. <br /> <br />, <br /> <br />B. The amount of water claimed is: <br />per second of time from May to September <br />water per second of time from October to <br /> <br />7.0 cubic feet of water <br />and 3.0 cubic feet of <br />April. <br /> <br />9. The water was first applied to the above beneficial <br />vse on July 9, 1975, by action of the Colorado Water Conservation <br />Board under the provisions of CRS 1973, 37-92-102(3), 37-92-103(3), <br />(4) and (10). <br /> <br />10. This appropriation is made under the prov~s~ons of CRS <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), kno>ln as Senate <br />Bill 97, signed into law April 23, 1973. <br /> <br />11. Statements of Opposition were timely filed by the <br />Colorado River Water Conservation District and by the Anschutz <br />Coal Corporation and the Anschutz Corporation, and as a result, <br />on November 6, 1975, the application was re-referred by the Water <br />Referee to the Water Judge for Water Division No.5. <br /> <br />12. On April 29, 1976, an Entry of Appearance was filed by <br />the Pitkin County Board of Commissioners. <br /> <br />13. On December 28, 1979, the Statement of Opposition of <br />the Colorado River Water Conservation District was withdrawn. <br /> <br />14. On January 12, 19B1, the Applicant and Objector Snowmass <br />Coal Company (successor in interest to Anschutz Coal Corporation) <br />filed the following stipulation: <br />A. The inclusion of the following provisions in any decree <br />of the court entered in the above captioned cases will protect the <br />interests of the parties to this stipulation. <br />B. Sno'~ass Coal Company is the owner of the water rights <br />known as the Anschutz [<1ine No. 1 and No. 3 which were decreed <br />June 21, 1977, in Water Division No.5, Case No. W-2979. The <br />source of water from these water rights was decreed as "being trib- <br />utary directly to the Colorado River. Any return flow from the <br />use of these water rights is currently to North Thompson Creek. <br />C. In as much as the source of the Anschutz Mine No. 1 and <br />No. 3 is not Middle Thompson or North Thompson Creeks, the Board <br />(a) does not assert any right as against Snowmass Coal Company to <br />maintain conditions which permit the use of any portions of the <br />Anschutz Mine No.1 and No.3, including, "without limitation, any <br />return flows therefrom, as the source of supply for the Board's <br />claimed minimum streamflow appropriations, and (b) agrees not to <br />oppose any future change of water right regarding the Anschutz <br />Mine No. 1 and No. 3 on the basis that such water right is the source <br />of supply for the claimed minimum streamflow appropriations. <br />D. The parties hereto consent to the determination of this <br />matter by the court pusuant to the applicable statutes and law <br />and consistent with this stipulation. <br />E. Upon the issuance of a ruling and entry of a decree <br />thereon consistent with this stipulation, the opposition of" Snow- <br />mass Coal Company is withdraw~ from the above-captioned case. <br />As a result of the withdrawal of Opposition and the above <br />stipulation, on January 15, 1980, the application was again referred <br />to the Water Referee by the \"later Judge for 'Water Division No.5. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 7.0 cubic feet of water <br /> <br />per second of time from May to September and 3.0 cubic feet of water <br />per second of time from October to April are hereby awarded for the <br /> <br />purpose of maintaining a minimum stream flow as required to preserve <br /> <br />-2- <br />
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