ISFAPP00682

• Case Number: 85CW0261
• Stream Name: Derby Creek
• Watershed: Colorado River
• Water Division: 5
• Water District: 53
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

-....

#jr

.

:.

,;1/1;;
r61~)[W?

'" ~ ~'.i' J
. 198,;

DISTRICT COURT. WATER DIVISION NO.5. COLORADO MAR 14 1986

------------------------------------------------------------ ---------------

COLORADO WATER
Application No. 85CW261 CONSERVATION BOARD

-------------------------------------------------------------------------------

RULING OF REFEREE

-------------------------------------------------------------------------------

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE COLORADO WATER
CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO. IN THE
COLORADO RIVER. OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: DERBY CREEK. IN EAGLE
COUNTY

-------------------------------------------------------------------------------

The above entitled Application was filed on October 10. 1985. and was
referred to the undersigned as Water Referee for Water Division No.5. State
of Colorado. by the Water Judge of said Court on the 20th day of November.
1985. in accordance with Article 92 of Chapter 37. Colorado Revised Statutes
1973. known as The Water Right Determination and Administration Act of 1969.

And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter. to-wit:

1. The statements in the Application are true.

2. The name of the stream involved is Derby Creek.

"

3. The name and address of the Claimant: Colorado Water Conservation ~
Board; 1313 Sherman Street. Suite 721; Denver. Colorado 80203.

4. The source of the water is Derby Creek. tributary to the Colorado '
River.

'-

5. Description of beginning and end points of minimum stream flow
claimed: The natural stream channel from the confluence of South Derby Creek v
and Derby Creek in the SW1/4NE1/4 of Section 4. T. 25.. R. 86 W. of the 6th
P.M. as the upstream terminus and extending to the confluence of Derby Creek
and the Colorado River in the SE1/4NW1/4 of Section 22. T. 25.. R. 85 W. of
the 6th P.M. as the downstream terminus.

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

7. The date of initiation of appropriation is May 3. 1985.

8. The amount of water claimed is 7.5 cubic feet of water per second of
time, absol ute.

/

v

v