ISFAPP00316

• Case Number: 80CW0313
• Stream Name: Sweetwater Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 53
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

80C\<l313

7, The date of initiation of appropriation is May 7, .1980.

B. The amount of water claimed is: 18.0 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, 1073, 37-92-102(31, 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 30, 1980, a Statement of Opposition was filed
by the United States of America,

12, On November 21, 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United States of America was effectively withdrawn as a result of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 invluded in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

.application should be granted and that 18.0 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 natural environment

to a reasonable degree on Sweetwater 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 senior rights of the
United States of America in the subject source, including
properly decreed reserved rights, as are now or will here-
after be determined by law.
(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 maintain at its expense

a suitable mea~uring device or guaging station as approved by the
State Engineer or his representative for the purpose of administering
this water right in priority as required by law.