ISFAPP00600

• Case Number: 78W3801
• Stream Name: South Fork Eagle River
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

5. Description of beginning and end ooints of mini-
mum stream flow claimed: the natural s.tream channel from
headwaters in sec 11, 18S R80W, 6th PM as the upstream terminus
and confluence East Fork Eagle River in sec 22, T7S R80W,
6th PM as the downstream terminus.

6. The use of the water is to appropriate such mini-
mum stream flows as are required to preserve the natural
environment to a reasonable degree.

7. The date of initiation of appropriation is May
12, 1978.

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

3 cubic feet

9. The water was fj rst appl ied to the above benef j-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation Board under the provisions of C.R.S. 1973,
37-92-102(3), 37-92-103(3), (4) and (10).

10. This appropriation is made under the provisions
of C.R.S. 1973, 37-'12-102(3), 37-92-103(3), (4) and (10),
known as Senate bill 97, signed into law, April 23, 1973.

11. Statements of opposition were timely filed by
tne Co10rado River Water Conservation District and the United
States of America and as a result, on.:5i:!tR~N~~ z,s;
1.-"124-__________. the appl i cati on was rereferred 7c" the
water judge for Wdter Division ~o. 5.

12. The statementI' of opposition of the Coloradoglle-~
Water Conservation District w(tl subsequently withdrawn and
the statement of opposition of the United States of America
was withdrawn by stipulation. the pertinent parts of which
are included in this ruling of the referee. As a result,
the application has again been referred to the water referee
by the water judge for ~ater Division No.5.

The referee does therefore conclude that the above-entitled

appl ication should be granted and that 3 cubic feet of water

per second of time are hereby awarded for the purpose of

maintaining a minimum stream flow as required to preserve

the natural environment to a reasonable degree on South

Fork Ea~le River between the beginning and end points as

described in paragraph 5 above, with an appropriation date

of May 12, 1978. absolutely and unconditionally; subject,

howev~r, to the following stipulated agreement:

a. Applicant's rights are subject to all senior
rights of the United States of Americd in the subject source,
including properly decreed reserved rights, as dre now or
will hereafter 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 publ ic resources contemplated by the

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