ISFAPP00365

• Case Number: 79CW0179
• Stream Name: South Fork Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

79C1H 79

on May 18, 1979, by action of the Colorado Water Conservation
Board under the proYisions of C.R.S. 1973, 37-92-102 (3), 37-
92-103 (3), (4) and (10).

10..This approptiation 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 int~ law April 23, 1973.

11. A Statement of Opposition was timely filed by the United
States of America, and as a result, on October 31, 1979, the
application was re-teferred by the Water Referee. to the Water
Judge for Water Division No.5.

12. On October 16, 1979, the Statement of Opposition of
the United States of America was effectively withdrawn as a
result of Stipulati~n between the parties involved, the pertinent
parts of which are included in this Ruling of Referee. As a
result, the application has been again referred to the Water
Referee by the Watet Judge for Water Division No.5.

The Referee do~s therefore. conclude that the above enti tied

application should ~e granted and that 10.0 cubic feet of water
per second of time quring the summer months and 5.0 cubic feet
of water per second.of time during the winter months are hereby

awarded for the pUTDose of maintaining a.minimum stream flow

as required to pres~rve the natural environment to a reasonable
degree on the South Fork Williams Fork River.between the begin-
ning and end points as described in paragraph 5 above, with appro-
priation date of th~ 18th day of May, 1979, absolutely and un-
conditionally; subj ~ct, however, to the following stipulated

agreement;

a. Applicant'~ 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 heteafter be determined by law.

b. Applicant ~hall apply for any special use permits or
rights-of-~ay, as the case may be, if the same are
required by law for the use of public resources
contemplat~d by the subject application and shall
abide by the conditions set forth therein;

and subject.to all ~arlier priority rights of others and to the

integration and tab~laiion 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 exp~nse a suitable measuring device or gauging

station as approved by the State Engineer or his representative

for the purpose of administering this water right in priority

as required by law.

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