ISFAPP00362

• Case Number: 80CW0377
• Stream Name: West Fork Fawn Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW377

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-l0~ (3), 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
'0. 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of the United States of America was effectively withdrawn as a.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 natural environ-

ment to a reasonable degree on West Fork Fawn Creek between the

beginning and end points as described in paragraph 5 above, with

appropriation date of the i' ~ day of May, 1980, absolutely

and unconditionally; 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 subj ect
source, including reserved rights, as are now
or will hereafter be determined by law to be
senior,

(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 resourc~s
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 prior-

ities and changes of rights in accordance with law; and provided fur~her

that the applicant herein will consturct and maintain at its expense

a sutiable measuring device or gauging station as approved by the

State Engineer or his representative for the purpose of adminis-

tering this water right in priority as required by law.

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