ISFAPP00790

• Case Number: 73W1946
• Stream Name: Carter Creek
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

1"'"1 ;'f\' '-, .<~,..,.
-ltl' I ~'l dC' U
.."". ~

MAY 291974

IN TilE DISTRICT COURT IN AND

COLD, WArm
CONSERVATION .;",::",0

FOR WATER DIVISION NO. 5

STATE OF COLORADO

Application No. W-1946

.....

IN THE ~~TTER OF THE APPLICATION )
FOR WATER RIGHTS OF THE COLORADO )
WATER CONSERVATION BOARD, ON BEHALF)
OF THE PEOPLE OF THE STATE OF )
COLORADO, IN THE FRYING PAN RIVER )
OR ITS TRIBUTARIES )
TRIBUTARY INVOLVED: CARTER CREEK )
IN EAGLE COUNTY )

F I LED I
IN W ATEl{ COU;tT
Division No. :j ~

RULING OF
REFEREB

110',11 D19lJ
STATE: OF COLOR.o.OO

.---.---.....--..-.---,.
/2~cLb;2"),;;::;
[lY CE....UTy _l..-
F

The above entitled matter having been referred to the undersigned as

Water Referee for Water Division NO.5, State of Colorado, by the Water Judge of

said Court on the 17th day of July, 1973, in accordance with Article 21 of

Chapter 148, Colorado Revised statutes 1963, as amended (Chapter 373 S.L. Colo.

1969), known as The Water Rights Determination and Administration Act of 1969.

And the undersigned Referee having made such investigations as are

nee essary to determine whether or not the statements in the application, and

statement of opposition, are true and having become fully advised with respect

to the subject matter ot the application, and statement of opposition, does hereby

make the following determination and ruling as the Refe~ee in this matter, to-wit:

1. The statements in the application and in the Statement of Opposition
are true.

2. There is nO ditch or structure involved; ~owever, for the purpose
of identification, the water right will be called Carter Creek.

3. The name of claimant and address is: The Colorado Water Conservation
Board, 1845 Sherman Street, Denver, Color~do.

4. The source of the water is Carter Creek, ~ tributary of the North
Fork of the Frying Pan River, tributary to the Frying Pan River.

5. There is no diversion. The application is for in stream use on
Carter Creek from a point immediately below the collection system
of the Frying Pan - Arkarsas Project to tne point of confluence
with the North Fork of the Frying ~an River.

6. The proposed use of the water is to maint~in such minimum flows
in the stream bed as are required to preserve the natural environment
to a reasonable degree.

7. The date ot initiation of appropriation i5 July 12, 1973.

8. The water was first applied to the above beneficial use on July 12,
1973, by action of the Colorado Water Conservation Board llr!der the
provisions of Sec. 148-21-3(6), (7), and (10), as amended.

9. The amount of water claimed is 2.0 cubic feet per second of time
during the period from April f to September 30; and 1.0 cubic foot
per second of time during the period. from October 1 to March 31.