ISFAPP00766

• Case Number: 79CW0187
• Stream Name: Midway Creek
• Watershed: Roaring Fork River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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II. A Statement of Opposition wus timely filed by the Un'ited'States
of America, and as a result, on October 31, 1979, the application
was re-referred by the Water Referee to the Water Judge for Water
Division No.5.

12. On October IG, 1979, the Statement of Opposition of the United'
States of Americ~ wa~ effectively with~rawn as a result of Stipulation
between the part~es Involved, the pertInent parts of which are including
in this Ruling of Referee. As u result, the application has been
again referred to the Water Referee by the Water Judge for Water Div. 5.

79CIH87

13. On October 24, 1979, an Entry of ^ppearance was filed by the
City of Aspen, Colorado and the Pitkin County Board of Commissioners
in support of the upplication.

The Referee does therefore conclude thut the above entitled

application should be granted and that 2.5 cubic feet of water per

second of time arc hereby .:lw2Irdcd for the purpose of maintaining a

minimum strcam flow ,1::; r~C(ll]'i red t(,) prescrve the nilturill environment to

a reasonable degree on Midway Creek, between the beginning and end

points uS described in paragraph 5 ubove, with ~ppropriation date of the
31st day of January, 1979, absolutely nnl) unconditionally; subject,

however, to the following stillulatcd agreement;

a. Applicant's rights arc subject to all senior rights of the
Uniteu States of Americtl in the sulJject 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
public resources cOlltc'l!1plilted uy the subject C1pplication and shall
abide by the conditions set' forth therein;

and subject to all earlier priority rights of others and to the

intBgr.:ltion ilnd tabulation by the Division Engineer of such priorities

and changes of rights in accordance with law; and provided further that

the applicant herein will construct and maintain at its expense a

suitable measuring device o~ gauging station as approved by the State

Engineer or ]lis representative for the purposes of administering this

water riqht in priority as required .by law.

It is accordingly ORDERED that this ruling shall be filed with

the Water Clerk and shall become effective upon such filing, subject

to Judicial review pursuant to Section 37-92-304 CRS 1973.

It is further ORDERED that a copy of this ruling shall be filed

with the .:1ppropri.:ltc Division Engineer .:lnd the State

Engineer.

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Done at the City of Glenwood Springs, Colorado, this

day of ~~i/AR. f-

, 1981.

BY TilE REFEREE:

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'~lC[Cree
W.:ltcr Division No. 5
State of Colorado

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