ISFAPP00758

• Case Number: 78W3783
• Stream Name: Cabin Creek
• Watershed: Willow Creek
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

5. Description of beginning and end points of mini-
mum stream flolo. claimed: the natural stream channel from con-
fluence North Fork Cabin Creek at lat 40 deg 11'3111 N, long
106 deg 04'31'1 W as the upstream terminus and confluence
Willow Creek at lat 40 dey 12'561' N, long 106 deg 03'021' w
as the downstream terminus.

6. The use of the water is to appropriate such mini-
mum stream flows as are required to preserve the natural
environment to a reasonable d~gree.

1. The date of initiation of appropriation is May
12, 1978.

B. The amount of watir claimed is:
of water per second of time.

'.2 cubic feet

9. Tile water was fi rst appl ied to the above benefi-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation Board under the provisions of C.R.S. 1973,
37-92-[02(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. Statements of opposition were timely filed by
t; Jlorddo River Water Conservation District, the Middle
P~~-'hater Conservancy District and the United States of
Amer;ca and as a result, on ~~~~~~~_~~f~~____.
the appl ication was rereferred TiJ the water judge for Water
Oivision No.5.

12. The statements of opposition of the Colorado ~"'E<'
Water Conservation District and the Middle Park Water Conser-
varlCY District were subsequently withdrawn and the statement
of opposition of ~he United States of America was withdrawn
by stipulation, the pertinent pdrts of which are included
in this rul ing of the referee. As a result, the appl ication
has again been referred to the wa~er 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 cubic feet of water

per second of time are hereby awarded for the purpose of

mairltaining a minimum stream flow as required to preserve

the natural environment to a reasonable degree on Cabin

Creek between the beginning and end points as described in

paragraph 5 above, with an appropriation date of May 12,

1918, 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,
includiny properly decreed r"eserved rights, as are now or
wi 11 hereafter be determined by law.

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