ISFAPP00732

• Case Number: 79CW0171
• Stream Name: Middle Fork Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

,

79CWl71

9. The water was first applied to the above beneficial use
on May 18, 1979, by action of the Colorado Water Conservation
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, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as Senate
Bill 97, signed into law April 23, 1973.

11. A.Statement of Opposition was timely filed by. the United
States of America, and as a result, on October 31, 1979, the
application was re-referrred by the Water Referee to the Water
Judge for Water Division No. S.

12. On October 16, 1979, the Statement of Opposition of the
United States of America was effectively withdrawn as a result of
Stipulation between the parties involved, the pertinent parts of
which are included in the Ruling of Referee. As a result, the
Application has been 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 2.0 cubic feet of water
per second of time during the summer months and 1.0 cubic foot of
water per second of time during the winter months are hereby
awarded for the purpose of maintaining a minimum stream flow as

required to preserve the natural environment to a reasonable degree

on the Middle Fork of the Williams Fork River.between the beginning

and end points as described in paragraph 5 above, with appropriation

date of the 18th day of May, 1978, absolutely and unconditionally;

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.

.,
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 publi9 resources con-
templated by the subject application and shall abide by
the conditions set forth therein;

and subject to all earlier priority rights of others and to the
integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law; and
prov~d further that the applicant herein will construct and
maintain at its expense a suitable measuring device or gauging
station as approved by the State Engineer or his representative
for the purpose of administering this water right in priority
as required by law.
It is accordingly ORDERED that this ruling shall be filed