ISFAPP00625

• Case Number: 77W3642
• Stream Name: Maryland Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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5. Description of beginning and end points of mini-
mum stream flow claimed: the natural stream channel from
headwaters in the vicinity of lat 39 deg 40'0411 Nt long 106
deg 08'40" W as the upstream terminus and confluence with
the Blue River in see 15t T45 R78w of the 6th PM as the down-
stream terminus.

b.
mum stream
environment

The use of the water j 5
flows as are required to
to a reasonable degree.

to appropriate such
preserve the natural

mini-

7. The date of initiation of appropriation is Janu-
ary 19, 1977.

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

1 cubic feet

9. The water was fi rst appl ied to the above benefi-
cial use on January 19, 1977 by action of the Colorado Water
Conservation Board under the provisions of C.R.S. 1913,
37-92-102(3).37-92-103(3), (4) and (10).

10. This appropriation is made under the provisions
of C.R.S. 1973.37-92-102(3),37-92-103(3), (4) and (10),
k.no....n as Senate bill 97, signed into law, April 23, 1973.

11. Statements of opposi tion were timel y fi '"ed by
the Colorado River Water Conservation District, the Middle
Park ~ater Conservancy District, and the United States of
America and a. a result, on __~~~~__~~~L~?~______,
the a~pl ication ....as rereferredjrd'the water judge for Water
Division No.5.

l2. The statements of opposition of the Colorado L:II.<..
Water Conservation District and the Middle Park Water Conser-
vancy Distric~ were subsequently withdrawn and the statement
of opposition of the United States of America was withdrawn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 rul ing of the referee. As a result, the appl ication
has again been referred to the water referee by the water
judge for Water Division No.5.

The referee does therefore conclude that the above-entitled

appl i cat i on shoul d be granted and that l cubi c 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 tin Maryland

Creek between the beginning and end points as described in

paragraph 5 above, with an appropriation date of January

19, 1911, absolutely and unconditional'yi subject, however,

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.

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