ISFAPP00423

• Case Number: 79CW0182
• Stream Name: Kinney Creek
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

79CI'/182

9. The water was first applied to the above beneficial use
on May 18, 1979, by action of The Colorado Water Conservation
Board under the provisions of C.R.S. 1973, 37-92-102 (3), 37-92-
103 (3), (4) !,nd (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 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-referred 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United States of Arnerica was effectively withdrawn as a result of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. S.

The Referee does therefore conclude that the above entitled

application should be granted and that 4.0 cubic feet of water per
second of time during tIle Summer months and 2.0 c~bic feet of water
per second of time during the Winter months are hereby awarded for
the purpose of maintaining a minimum stream flow as required to pre-
serve the natural environment to a reasonable degree on Kinney Creek,
between the beginning and end points as described in paragraph 5

above, with appropriation date of the 18th day of t.lay, 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 here-
after 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;

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

integration and tabulation by the Division Engineer of such

priorities and changes of rights in accordance with law; and pro-
vided further that the applicant herein will construct 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 administering this water right in priority as required by law.

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