ISFAPP00709

• Case Number: 75W2774
• Stream Name: Middle Thompson Creek
• Watershed: Crystal River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

W-2774 ,

per second of time from day to September and 3.0 cubic feet of
water per second of time from October to April.

9. The water was first applied to the above beneficial use
on July 9, 1975, by action of the Colorado Water Conservation
Board under the provisions of CRS 1973, 37-92-102(3), 37-92-103(3),
(4) and (10).

10. This appropriation is made under the provisions of
CRS 1"173, 37-92-102(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 the Colorado
River Water Conservation District and by Anschutz Coal Corporation
and the Anschutz Corporation, and as a result, on November 6, 1975,
the Application was re-referred by the Water Referee to the Water
Judge for Water Division No.5.

12. On April 29, 1976, an Entry of Appearance was filed by
the Pitkin County Board of Commissioners.

13. The Statement of Opposition of the Colorado River Water
Conservation District was withdrawn on December 28, 1979.

14. On January 12, 1981, the following stipulation was filed
by the applicant and objector Snowmass Coal Company (successor in
interest to Anschutz Coal Company) :
A. The inclusion of the following provisions in any decree
of the court entered in the above cantioned cases will protect
the interests of the parties to this. stipulation.
B. Sno\vmass Coal Company is the owner of the water rights
known as the Anschutz Mine No. 1 and No. 3 which were decreed
June 21,' 1977, in Water Division No.5, Case NO. W-2979. The source
of water from these water ~ights was decreed as being tributary
directly to the Colorado River. Any return flow from the use of
these water rights is currently to North Thompson Creek.
C. In as much as the source of the Anschutz Mine No.1 and
3 is not Hidd1e Thompson Creek/, The Board (a) does not assert any
right as against Snowmass Coal eompany to maintain conditions which
permit the use of any protions of the Ansc~tz Mine No.1 and No.3,
inCluding, without limitation, any return flows therefrom, as the
source of supply for the Board's claimed minimum streamflow
appropriations, and (b) agrees not to oppose any future change of
\'la ter right regarding the Anschutz Hine No. 1 and No.3, Ion the
basis that such water right is the source of supply for the claimed
minimum streamflow appropriations.
D. The parties hereto consent to the determination of this
matter by the court pursuant to the applicable statutes and law and
consistent with this stipulation.
E. Upon the issuance of a ruling and entry of a decree
thereon consistent with this stipulation, the opposition of Snow-
mass Coal Company is withdrawn from the above-captioned case.
As a result of the withdrawal of opposition, and the above
stipulation, on January 15, .1981, the applicaltion was again
referred to the Water Referee by the Water Judge for Water
Division No.5.

The Referee does therefore conclude that the above entitled

application should be granted and that 9.0 cubic feet of water per

second of time from May to September and 3.0 cubic feet of water per

second of time from October to April are hereby a,\Varded for the

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