ISFAPP00799

• Case Number: 80CW0379
• Stream Name: Fawn Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80C\;)79

6. The use of the water is
stream flows as are required to
to a reasonable degree.

to appropriate such minimum
preserve the nat~ral environment

~

7. The date of initiation of appropriation is May 7, 1980.

B. The amount of water claimed is: 3.0 cubic feet of water
per second of time.

9. The water was first applied to the above beneficial
use on May 7, .1980, by action of the Colorado Water Conservation
Board under the provisions of C.R.S. 1973, 37-92-102(3),
37-02-103 (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. On October 29, 1980, a statement of opposition was filed
by the United States of America.

12. On December 23, 1980, 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united States of America was effectively withdrawn as a result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 included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 3.0 cubic feet of water

p~r second of time are hereby awarded for the purpose of maintain-

ing a minimum stream flow as required to preserve the natural

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environment to a reasonable degree on Fawn Creek between the

beginning and end points as described in paragraph 5 above, with
appropriation date of the 7th day of May, 1980, absolute~y and
unconditionally; subject, however, to the following stipulated

agreement:

(a)

Applicant's rights are subject to all such rights of
the United States of America in the subject .source,
reserved rights, as are now or will hereafter be
determined by law to be senior,
Applicant shall apply for any special use permits or
rights-of-~ay, as th~.case may be, if the sa~e are
required by law for the use of public resources
contemplated by the subject application and shall abide
by the conditions set forth therein.,

(b)

-- ,.

and subject.. to ~a:l1.. earli,~r .~;.-iO~~~t~ :,r~.~lit3 ..-O~;;~:~~hers' and. .~o. ..the: ..:

integration .an?_..:tabula~.ion..::bY;... tlie Diyis1:o'!1 Erigineer
.. -'. 'c.:,.-:::'~-'!:~;~': .'.,_'._...:~.~\ ._.
priorities and: change's...of:--ri'ght-s....trr' .accorda'nce with
.... -. .;. '.-'. , '. '..

of' .such .

:I-a\'f:;.:::and'

provided --further. that....:the .:appl.icant 'herein .wfll 'construct and

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