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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79CWlB6

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, 11. A Statement of Opposition was timely filed by the United
'~tates of America, and as a result, on October 31, 1979, the application
was Ll':-:r:eJ:t;;!J...L'r"':' ........ .,~~::'.:.": R6feJ.6i;: -co -c.ne Water- <Judge tor 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united States of America was effectively withdrawn as a result of
Stipulation 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 Water
Judge for Water Division No.5.

13, On
the City of
in support

October 24, 1979, an Entry of Appearance was filed by
Aspen, Colorado and the Pitkin County Board of Commissioners
of the application.

The Referee does therefore conclude that the above entitled

application should be granted and that 3.5 cub~c 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 environment to

a reasonable degree on Hunter Creek I between the beginning and end

points as described in paragraph 5 above, with appropriation'date of

the 31st day of January, 1979, absolutely and unconditionally; subject,

however, to the following stipulated agreement;

a. Applicant's 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 hereafter be determined by law.

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 resources contemplated by the subject application and shall abide
by the conditions set forth therein; I

and subject to all earlier priority rights of others and to the

integration and tabulation by the Division Engineer of such priorities

and changes LZ rights in accordance with law; and provided further that

the applicant herein will construct and maintain at its expense a

suitable measuring device or gauging station as approved by the State

Engineer or his representative for the purposes of administering this
water right in priority as required by law.

It is accordingly ORDERED that this r~ling shall be filed with

the Water Clerk and shall become effective upon such filing, subject

to Judicial review pursuant to Section 37-92-304 CRS 1973.

It is further ORDERED that a copy of this ruling shall. be filed

with the appropriate Division Engineer and the State

Done at the City of Glenwood Springs, Colorado I this

Engineer.
//t!

day of ".8LU/l1t 1/
I

, 1981.

BY THE REFEREE:

~MU,-
ter Referee
ater Division No. 5
-2- St_ate of Co),ol':"ado

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