ISFAPP00309

• Case Number: 78W3769
• Stream Name: Willow Creek
• Watershed: Willow Creek
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

~.. CC5cr'ipt.:'::i-,":":' t.eg:'."J,j(,S dtH) end points of mini-
mum stream flow claimed: the natural stream channel from
head~aters in vicinity of lat 40 deg 17'04" N, long 105 deg
57'20" W as the upstream terminus and confluence Pass Cre~k
at lat 40 deg 18128" N, long 100 deg 03'38" W as the down-
stream terminus.

b.
mum stream
environment

The use of the water is
flows as are required to
to a reasonable degree.

to appropriate such mini-
preserve the natural

12.

7.
1978.

The date of initiation of

appropriati~:S
's,D .
-==:r cubic

May

6. The amount of water claimed is:
of water per second of time.

feet

9. The water was first appl ied to the above benefi-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation 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.K.S. 1973. 37-92-102(3). 37-92-103(3)0 (4) and (10)0
known as Senate bill 97, signed into law, April 23, 1973..

11. Statements of opposition were timely filed by
the Colorado River Water Conservation District, the Middle
Park water Conservancy District and the United States of
America and as a result. on ~~~~~~~~_~~LJZ7~__.
the appl icati on was rereferred"70 the water judge for Water
Division No.5.

12. The statements of opposition of the Colorado ~fVE~
~ater Conservation District and the Middle Park Water Conser-
vancy District were subsequently withdrawn and the statement
of opposition of the United States of America was withdrawn
by stipulation, the pertinent parts of which are included
in this rul ing of the referee. As a result, the appl ication
has again been referred to the water referee by the water
judge for Water Division No.5.

appl

The referee does therefore conclude that the above-entitled
5.0~'
ication should be granted and that --=- 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 natural environment to a reasonable degree on Willow

Creek between the beginning and end points as described in

paragraph 5 above, with an appropriation date, of May 12,

1978, absolutely and unconditionally; subject, however, to

the following stipulated agreement:

a. Applicant's rights are subject to all senior
rights of the United States of America in the subject source,
including properly decreed reserved rights, as are now or
will hereafter be determined by law.

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