ISFAPP00453

• Case Number: 79CW0184
• Stream Name: Keyser Creek
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

4" <"_,_",,~

_. ..,~

.~-- ,-~. ~

\,

,,'

c/
'IJ.~
l~'

of water ~II
feet of

79CW184

8. The amount of water claimed is: 6.0 cubic feet
per second of time during the summer months and 3.0 cubic
water per second of time during the winter months.

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)
and (10).

10. This appropriation is made under the prov1s~ons 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United States of America was effectively withdrawn as a result of
stipulation between the pa,rties 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.

The Referee does therefore conclude that the above entitled

application should be granted and that 6.0 cubic feet of water per

second of time during the summer months and 3.0 cubic fee~ of wate~

per second of time during the winter months are hereby awarded for

the purpose of maintaining a minimum stream flow as required to

preserve the natural environment to a reasonable degree on Keyser
Creek, between the beginning and e~d points as described in

paragraph 5 above, with appropriation date of the 18th day of May,

1979, absolutely and unconditionally; subject, howeyer, 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-oi-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 earlier priority rights of others and to the

integration and tabulation by the Division Engineer of such priorities
and change&of rights in accordance with law; and provided further'
that the applicant herein will construct and maintain at its expense