ISFAPP00354

• Case Number: 80CW0124
• Stream Name: Eagle River
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW124

RECEiVED
MAR 1 5 1982
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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. Statements of Opposition were timely filed by Adam's Rib
Ranch Corporatiop, and by the Brush Creek & Eagle River Company
and Egale Valley Water Company, and as a result, on August 29,
1980, the applic~tion was re-referred by the Water Referee to the
Water Judge for ~ater Division No.5.

12. The Statements of Opposition of Leonard Horn, Adam's Rib
Ranch Corporatio~ and the Brush Creek & Eagle River Company and '
Eagle Valley Water Company were subsequentlY withdrawn, and on
November 16, 1981, the application was again referred to the Water
Referee by the w~ter Judge for Water Division No.5.

13. On August 4, 1981, an Entry of Appearance was filed on
behlaf of the Lo~er Eagle River Ditch and Reservoir Company.

The Referee does tferefore conclude that the above entitled
application should be 9 anted and that 130 cubic feet of water _per
second of time from May 1 through September 30, and SO cubic feet
of water per second of time from October 1 through April 30 are
hereby awarded for the purpose of maintaini~g a minimum stream
flow as required to pre$erve the natural environment to a reason-
able degree on the Eagl~ River between the peginning and end points
as described in paragraph 5 above, with app~opriation date of the
17th day of March, 1980, absolutely and unconditionally; subject;
however, to all earlier! priority. rights.,of :<1thers atJ.d~:_to:_the
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integration and t,abulation by the Division E:ngine~r .ajL':sllch .prior-
ities and changes of ri~hts in accordance ~~th law, and provided
further that the ~pplicAnt herein will construct and maintain at
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its expense a sui~able ~easuring device or g~uging station ~?
approved by the s~ate E?gineer or his representative for the
purpose of admini@terin~ this water right in priority as required
by law.
It is accordingly 9RDERED that this ruling shall be filed
with the Water Clerk and shall become effective upon such filing,
subject to Judici51 review pursuant to Section 37-92-304 CRS 1973.
It is further ORDE.RED that a copy of this ruling shall be
filed with the appropriate Division Engineer and the State Engineer.
Done at the city oJ Glenw~od Springs, colorado, this Z1~
day of '~"It.lJ'/JQr I , 19~.

BY THE FEFEREE:

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