ISFAPP00820

• Case Number: 78W3802
• Stream Name: Mitchell Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

River.

5. Description of beginning and end points of mini-
mum stream flow claimed: the natural stream channel from
head.....aters in s~ctions 8. and 9, T8S R80W, 6th PM as the
upstream terminus and confluence with the south Fork Eagle
River in sec 34, T7S R80W, 6th PM as the dOwnstream terminus.

6. The use of the water is to appropriate such mini-
mum stream flows as are required to preserve the natural
environment to a reasonable degree.

1.
12, 1978.

The date of initiation of appropriation is May

8. The amount of .....ater claimed is:
of water per second of time.

1 cubic foot

9. The water was fj rst appl ied to the above benefi-
cial use on May 12, 1978 by action of the Colorado Water Con-
servation Board under the provisions of C.R.S. 1913,
31-92-102(3). 37-92-103(3). (4) and (10).

10. This appropriation is made under the provisions
of C.R.S. 1973. 31-92-102(3), 37-92-103(3). (4) and (10}.
known as Senate bill 97, siyned into law, April 23, 1973.

11. Statements of opposition were timely filed
the Colorado River Water Conservation District and the
Sta}~s of Amer i ca and as <J resul t, on ~.r~M~"-'C.
__11JJ3___________, the appl i cati on was rereferred ~
water jud~e for Water Division No.5.

12. The statement! of opposition of the Colorado~""''<:'
Water Conservation District w~6 subsequently withdrawn and
tne statement of opposition of the United States of America
was withdrawn by stipulation, the pertinent parts of which
are included in this rul tng of the referee. As a resul t,
the appl ication has again been referred to the water referee
by the water judge for Water Division No.5.

by
United
.!!.8,1
the

The referee does therefore conclude that the above-entitled

appl i cat i on shaul d be granted and that 1 cubi c. feet of water
IS
per second of time ~ hereby awarded for the purpose of

maintaining a minimum stream.flow as required to preserve

the natural environment to a reasonable degree on Mitchell

.Creek between the beginning and end points as described in

paragraph 5 above, with an appropriation date of May 12,

1978, absolutely and unconditionallyi subject, however, to

the follo.....ing stipulated agreement:

a. Appl ieant'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.

bn Applicant shall apply for any special use permits

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