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

79CIU87

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-referred by the WQ:t:er Referee to the WF.lt.e..... ,Tuiiae for Water
Division No. :j.

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States of America was effectively withdrawn "as a result of Stipulation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 including
in this Ruling of Referee. As a result, the application has been
again referred to the Water Referee by the Water Judge for Water Div. 5.

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

The Referee does therefore conclude that the above entitled

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

second of time are hereby awarded for the purpose of maintaining a

minimum stream flow as required to preserve the natural environment to

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

points as described in paragraph 5 above, with appropriation date of the

31st day of January, 1979, 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
public resources contemplated 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 provided 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 purposes of administering this

water right 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

Done at the City of Glenwood Springs, Colorado, this

Engineer.
//,11.

with the appropriate Divis{on Engineer and the State

day of F€~t/AA? t

, 1981.

BY THE REFEREE:

~~ee

Water Division No. 5
State of Colorado

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