ISFAPP00540

• Case Number: 78W3806
• Stream Name: Rule Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

5. Description of beqinninG and on0 ~~;nt~ of mini-
mum stream flow claimed: the ~aturai stream channel from
headwaters in sec 28, T7$ R80W, 6th PM as the upstream terminus
and confluence with the Eagle River in NE 1/4 sec. 22, T7S
R80W, 6th PM as the downstream terminus.

6.
mum stream
env ironment

The use of the water is
flows as are required to
to a reasonable degree.

to appropriate such mini-
preserve the natural

7. The date of initiation of appropriation is May
12, I'He.

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

0.5 cubic fOot

9. The water was first appl ied to the above benefi-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation Board under the provisions of C.R.S. 1973,
37-92-10213).37-92-103(3). (4) and (10).

10. This appropriation is made under the provisions
of C.R.5. 1973. 37-92-102(3). 37-92-103(3)0 (4) and (10)0
known as Senate bill 97, signed into law, April 23, 1973.

11. Statements of opposition were timely filed by
tne Colorado River Water Conservation D~trjct and the United
States of Amer ica and as a resul t, on _:;?~e~t!!Ji!F/IL Z-8,
_L~Ll!i___________, the application was rereferred~the
water judge for water Division No.5.

12. The stat.ement/, of opposition of the Colorado ,t'?,,,,se
Water Conservation District wetS subsequently withdrawn and
the statement of opposition of the United States of America
was wittldrawn by stipulation, the pertinent parts of whiCh
are included in thi~ rul ing of the referee. As a result,
the appl ication has again been referred to the water referee
by th~ water judge for nater Division No.5.

The referee does therefore conclude that the above-entitled

app) ication Should be granted and that 0.5 cubic feet of
IS
wat~r per second of time ~ hereby awarded for the purpose

of maintaining a minimum stream flow as required to preserve

the .natural environment to a reasonable degree on Rule Creek

between the beginning and end points as described in para-

graph 5 abo~e, with an appropriation date of May 12, 1978,

absolutely and unconditionallyi subject, however, to the fol-

lowing 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 herf!after be determined by law.

tJ. Appl icant shall apply for any special use permits
or rights-of-way, as the case may be, if the same are required
by 1 aw for the :!se of publ ic resources contempl ated by the

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