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ISFAPP00797
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ISFAPP00797
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Last modified
4/16/2016 12:04:52 AM
Creation date
10/5/2006 10:20:17 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
97CW0272
Stream Name
Antones Cabin Creek
Watershed
Brush Creek
Water Division
5
Water District
37
County
Eagle
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />District Court, Div. 5 <br />CWCB; Case No. 97CW272 <br />Ruling <br /> <br />stream, the pool and the headwall, it is determined that surface flow of this segment terminates at <br />the pooL Without extensive additional hydrologic investigation, it cannot be conclusively <br />determined whether the Upper Antones Cabin Creek segment is hydrologically connected to the <br />Lower Antones Cabin Creek segment. Moreover, based on the information available at this time, <br />it cannot be conclusively determined whether curtailment of diversions from the Upper Antones <br />Cabin Creek segment would make water available to satisfy a call from the Lower Antones <br />Cabin Creek segment. <br /> <br />11. The lower terminus of the Upper Antones Cabin Creek segment is the headgate of <br />the L.E,D,E. Ditch, which was decreed in Civil Action No. 963, District Court in and for Eagle <br />County. The decree identifies the stream from which the L.E.D.E. Ditch takes its supply as "Lost <br />Creek, " <br /> <br />12. In light of this information, the Court finds that the claim made in the application <br />should be decreed as two separate instream flow rights. " <br /> <br />THE WATER REFEREE RULES: <br /> <br />13. The application is granted and a decree is hereby entered confirming absolute <br />instream flow rights for the Upper Antones Cabin Creek segment and the Lower Antones Cabin <br />Creek segment described in paragraph 4 above in the amounts set forth in paragraph 9 above to <br />preserve the natural environment to a reasonable degree through the upstream and downstream <br />termini of each segment described in paragraph 4 above. The appropriation date for each water <br />right confirmed herein is September 22, 1997. <br /> <br />14. The priorities herein awarded were filed in the water court in the year of 1997 and <br />shall be junior to all priorities filed in previous years. As between all rights filed in the same <br />calendar year, priorities shall be determined by historical date of appropriation and not affected <br />by the date of entry of ruling. The Applicant shall install and maintain such measuring devices <br />and keep such records as the Division Engineer may require for administration of this right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to <br />judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer and the State Engineer, <br /> <br />Dated this .2Q. day of <br /> <br />APRIL <br /> <br />0. <br />, 199~. <br /> <br />GOLDSMITH-97CW272-Ruling-l . <br /> <br />Copy of the foreg()jng mailed to all <br />Counsel of recordK-Water <br />Referee,---Div. Engineep(.anJ;!_ 99 <br />State Enginee.)(l-Date "f.W. <br />7J171 <br /> <br />t{;;D~i;Ki D'..' <br />Hoo~ <br />
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