ISFAPP00472

• Case Number: 80CW0373
• Stream Name: Skinny Fish Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW373

7. The date of initiation of appropri~tion is May 7, 1980.

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8. The amount of water claimed is: 6.0 cubic feet of water
per second of time.

9. The water was first applied to the above beneficial use
on May 7, 1980, by action of the Colorado Water Conservation
Board under the provision~ of C.R.S. 1973, 37-92-102(3),
37-92-103(3), (4) and (10).

10. This appropriation is made under the prov~s~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. On Ocotber 29, 1980, a statement of oppqsition was filed
by the United states of America.

12. On December 23, 1980, 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the United States of America was effectively withdrawn as a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.

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 are hereby awarded for the purpose of maintain-

ing a minumum stream flow as required to preserve the natural

environment to a reasonable degree on Skinny Fish Creek between

,the beginning and end points as .described in paragraph 5 above,

with appropriation date of the 7th day~6f May, 1980, absolutely

and unconditionally; subject, however, to the fallowing stipulated

agreement;

(a) Applicant I s rights are subject to all such rights of
the United States of America in the subject source,
including reserved rights, as are now or will hereafter
be determined by law to be senior,
(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 earlier priority rights of others and to the

integration and tabulation b~ the Division Engineer of such

pr~orities and changes of rights in accordance with law; and
provid~d 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 purpose of administering this water right in priority as

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