ISFAPP00757

• Case Number: 80CW0447
• Stream Name: Colorado River
• Watershed: Colorado River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

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80CW447

10. This appropriation is-made under the provisions of
CRS 1973, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as
Senate Bill 97, signed into law Apr~l 23, 1973.

11. A Statement of Opposition was timely filed by the City
and County of Denver acting by and through its Board of Water
Commissioners, and as a result, on March 31, 1981, the application
was re-referred by the Water Referee to the Water Judge for Water
Division No.5.

12. The statement of Opposition of the city and County of
Denver was subsequently withdrawn, 'by stipulation, and on August
13, 1982, the application was again refer'red to the Water Referee
by the Water Judge for Water Division No.5.
The applicant and objector agreed that the following
provisions be made a part of this Ruling of Referee and Decree of
the Court:
The applicant's rights are subject to the senior
rights of the City and County of D~nver in the
subject source. The applicant recognizes that
the Williams Fork Reservoir, owned by the City
and County of Denver, has been and will in the
future be used to make releases to downstream
senior water users'during periods of call in
exchange for diversion by Denver under its
adjudicated water rights in the Upper Williams
Fork, Fraser and Blue River Basins. The Colorado
Water Conservation Board hereby agrees that it .
will riot exercise its water rights, herein, .in
the Colorado River mainstream between the confluence
of the Colorado River and the Fraser River and
the confluence of. the Colorado arid.the Blue
River in such a manner as to impair existing
exchange operations by the City and county of
Denver.

The Middle Park Conservancy District filed an entry of
appearance in .support of the issuance of the dec~ee sought.

The Referee does therefore conclude that the above entitled

application should be granted and that 90 cubic feet of water
per second of time are hereby awarded for the purpose of maintain-

ing a minimum stream flow as required to preServe the natural

environrnen,t to a reasonable degree 01). the Colorado Riv.er bett,'Veen

the beginning and end points as described in paragraph 5

above,

with appropriation date of the 8th day of July, 1980,

absolutely and unconditionallYi subject however, to the fallowing

stipulated agreementi
The applicant's rights are subject to the senior
rights of the City and County of Denver in the
\ subject source. The applicant ~ecognizes that
the Williams Fork Reservoir, owned by, the City
and County of Denver, has. been and will in the
future be used to make releases to downstream
senior water users during periods of call 'in
exchange for diversion by Denver.under its
adjudicated water rights in the Upper Williams
Fork, Fraser and Blue River Basins. The
Colorado Water Conservancy Board hereby agrees
that it will not exercise its water rights,
herein, in the Colorado River mainstrea~

, 2.