ISFAPP00411

• Case Number: 79CW0186
• Stream Name: Hunter Creek
• Watershed: Roaring Fork River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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IN THE DISTRICT COURT IN AND

FILECl
IN WATER COURT
DivisioD No. 5

FOR WATER DIVISION NO. 5

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.~0'~j:: MATTER OF THE APPLICATION '
~ ~~ WATER RIGHTS OF THE COLORADO WATER
..n~NSERVATION BOARD ON BEHALF OF THE PEOPLE
'~OF THE STATE OF COLORADO
IN THE ROARING FORK RIVER
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: HUNTER CREEK
IN PITKIN COUNTY

STATE OF COLORADO

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Application No. 79CW186

RULING OF REFEREE

The above entitled application was filed on July 23, 1979, and

was referred to the undersigned as Water Referee for Water Division

No.5, state of Colorado, by the Water Judge of said Court on the

2nd day of August, 1979, in accordance with Article 92 of Chapter 37,

Colorado Revised Statutes 1973, known as The Water Right Det~rrnination

and Administration Act of 1969.

And the undersigned Referee having made such investigations as

are necessary to determine whether or not the statements in the

application are true and having become fully advised with respect to

the subject matter of the application does hereby make the following

determination and ruling as the Referee in this matter, to-wit:

1. The statements in the application are true.

2. The name of the stream involved is Hunter Creek.

3. The name of the claimant and address is The Colorado Water
Conservation Board; 823 State Centennial Building; 1313 Sherman Street;
Denver, Colorado.

4. The source of the water is Hunter Creek, tributary to the
Roaring Fork River.

5. Description of beginning and end points of minimum stream flow
claimed: the natural stream channel from Frying Pan Arkansas Project
diversion point at Lat.39012'30" N; Long. 106040'40" IV. ag the upstream
terminus, and its confluence with Midway Creek at Lat. 39 11'59" N.;
Long. 106041136" W. as the downstream terminus.

6. The use of the water is to appropriate such minimum stream flows
as are required to preserve the natural environment to a reasonable
degree.

7. The date of initation of appropriation is January 31, 1979.

8. The amount of water claimed is: 3.5 cubic feet of water per
second of time.

9. The water was first applied to the above beneficial use on
January 31, 1979, by action of the Colorado Water Conservation Board
under the provisions of CRS 1973, 37-92-102 (3), 37-92-103 (3) (4) (10) .

10. This appropriation is made under the provisions of CRS 1973,
37-92-102 (3), 37-92-103 (3) (4) (10), known as Senate Bill 97, signed
into law April 23, 1973: