ISFAPP00517

• Case Number: 80CW0134
• Stream Name: Eagle River
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

BOCW134

7. The date of initiation of appropriation is March 17, 1980.

8. The amount of water claimed is: 85.0 cubic feet of water
per second of time from Hay 1 through September 30, and 35.0 cubic
feet of water per second of time from October 1 through April 30.

9. The water was first applied to the above beneficial use
on March 17, 1980, 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 (101.

10. This appropriation is made under the provisions of
C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (101, known as
Senate Bill 97, signed into law April 23, 1973.

11, Statements of Opposition were timely filed by Leonard
Horn, by Vail Associate6, Inc., and by the United States of America.
As a result, on August 29, 1980, the apPlication was re-referred by
the Water Referee to the Water Judge for Water Division No.5.

Ule'",
12. The StaternentSof Opposition ~ subsequently withdrawn.
The applica~ and objectors Vail Associates, In., and the applicant
and objector The United States of America have entered in to
Stipulations resulting in the withdrawal of the Sta~ements of
Opposition. The pertinent parts of these stipulations have been
incorporated in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 85.0 cubic feet of water per

second of time from May 1 through September 30, and 35.0 cubic feet

of water per second of time from October 1 through April 30, are

hereby awarded for the purpose of maintaining a minimum stream flow

as required to preserve the natural environment to a reasonable

degree on the Eagle River between the beginning and end points as
1ft
d~scribed paragraph 5 above with appropriation date of the 17th day

of March, 1980, absolutely and unconditionally; subject, however to

the following stipulated agreement between the applicant and Vail

Associates, Inc.:

A (1) The water rights which are the subject of the application
in the above captioned case will not be used as a basis for opposing
any future change of water rights regarding the following described
water rights currently ownded by Vail Associates and located in
Water District No. 37, Eagle County, Colorado:

(a) 1.0 cfs of the Highline Ditch, Priority No. 189, decreed
on March 5, 1901 with an appropriation date of May 18, 1899, the
source of which is Talnadge Creek.

(b) 0.6 cfs of the Fooshee Ditch, Priority No. 80, decreed
on December 17, 1889 with an appropriation date of May 10, 1889,
the ~?urce of which is spring water tributary to Talmadge Creek.

(c) 0.5 cfs of the Booco Ditch, Priority No. 142, decreed
on March 5, 1901 with an appropriation date of April 15, 1887, the
source of which is Talmadge Creek.

(2) The terms of this stipulation are binding upon and inure
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