ISFAPP00387

• Case Number: 80CW0319
• Stream Name: Middle Rifle Creek
• Watershed: Rifle Creek
• Water Division: 5
• Water District: 39
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

80C\'1319

8. TIle amount of water claimed ts 3.0 ~ubic feet of water
per seconJ of time.

9. Tile water was first aplllicd to the above beneficial use
on May 7, 1980, by action of tile Colorado Water Conservation
HoarJ unJer the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103
(3),[.l) anJ (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 ApriI 2~, 1973.

11. Statements of OPl>osition were timely filed by the Silt
\vatcr Conservancy nist'rictJ and hy the United States of America
and as a result, on NovcJnllcr 2K. 1980, tIle application was
re - rc [erred. by the Water nefcl'cc to the \Vater Judge for !~ater
Division No.5.

],2. The Statemcllt of OPI)osition of tIle Silt Water Cons~rvancy
District was sllbsequently withdl"aWn, and tIlE: Statement of Opposition
of tllC United States of ~meric~ was witlldrawn by Stipulation, the
l,crtincl1t parts of wllicJl arc lnclllded in tltis Ruling of Referee.

The Referee does thereforc conclude thilt the above entitled

3J1Jl1ic:ltioll sltollld be grontetl ~jl(1 tllat 3.0 cuhic feet of water per

second of time arc hereby alVilHlcd Eor the purpose of mainting a

minimum stream {1Q\" as required to preserve the natural environment

to a reasonable llegrcc on ~liJdlc ltifle (:reek between the beginning

and end points as descri bed in ParagrapJl 5 above l with appropriation

(late of tIle 7tll day of May, 198U, a!>solutely an(l llnconditionally;

SLllljCct, Ilowever, to tJie following stipulated agreement;

(a) Applicant's rights arc suhject to all SUCll rights of
tIle United States of America in the subject source,
inCluding reser~eJ rigllts, as are now or will here-
after be determined by law to l>e senior.

(b) Applicant shall apply for any special use permits or
rights~of-h'ay, as the case may be, if the same are
required by law for tIle use of public resources con-
templated by the subject application and shall abide
by the conditions set fortll tllcrein,

and subject to all earlier priority rigllts of others and to tIle

integration and tabulation by tIle division engineer of such

priori ties and changes of rights in accordance lvi th law; and

provided further tllat the applicant herein will construct and

maintain at its expense a suital}le measuring device or gauging

statio11 as approved by the State ]~ngineer or Jl1s representative
for the I>urpose of administering this water right in priority
as Teq~ired I)y l~w.

It is accordingly ORDERED that this ruling shall .be filed
with the \Vater Clerk anJ shall become effective upon such filing,

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