ISFAPP00850

• Case Number: 73W1952
• Stream Name: Ivanhoe Creek
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Pitkin
• Instream Flow App - Doc Type: Final Decree/Stipulations

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9. The amount of water claimed is 2.0 cubic feet per
second of time during the period from April 1 to
September 30i and 1.0 cubic f66t per second of time
during .the period from October 1 to March 31.

10. This appropriation to maintain minimum stre~ flo~ is
~ade under the provisions of Section 148-21-3(6), (7)
and (10) as amended by Senate Bill 97, signed into law
April 23. 1973.

11. On September 28, 1973, the Colorado River Water Conservation
District filed, in Water Court for Water Division No.5,
a Statement of Opposition to this application in which
it stated: The Colorado River Conservation District has
no objection to the granting of the application-for water
rights on the condition, ho~ever, that as a part of the
Ruling of the Referee and the Decree of the Water Court
a Finding is made and an Order entered that the Congress
of the United States of America in authorizing the
construction of the Frying Pan-Arkansas Project (76 Stat.
389) specifically directed the operation of the project
in accordance ~ith certain Operating Principles appearing
as House Document No. 130, 87th Cong. 1st Sess., and that
the Ruling and Decree are not intended to be, nor shall
it be construed as, an amendment, variation, abrogation
or construction of such Operating Principles.

The ReferEe does therefore conclude that the above entitled

application should be granted, and that 2.0 cUb~feet of ~ater per

second bf time during the period from April 1 to September 30, and

1.0 cubic foot of water persecond of time during the period from

October 1 to March 31, is hereby awarded to Ivanhoe Creek from a point

immediately below the collection system of the Fryingpan-Arkansas Project

to the point of confluence with the Fryingpan River, for the purpose of

maintaining such minumum flows in the stream bed as are required to

preserve the natural environment to a reasonable degree, with appropriation

date of the 12th day of July, 1973, absolutely and uncon4itionally;

subject, however, to all earlier priority rights of others in accordance

with law, and also subject to .the Operating Principles of the Frying

Pan-Arkansas Project.

It is accordingly ORDERED that this ruling shall be filed ~ith

the Water Clerk and shall become effective upon such filing, subject

to judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971).

It is further ORDERED that a co:py",pf t.~is ruling shall be filed

vith the appropriate Division Engineer and the ~tate Engineer.
Done at the City of Glenwood Springs, Colorado, this ~
day of d/EMRC~ . 1973.

r.o Pl'ote..t
~ r ~ wns filed in thi~ ~nttnr
~'JO ore~ 1
a"ld 0 _,0 ng rul1n,~ 1s conf1rrwd
J~dBmPprcved. and is made the
ent and Decree ot this oourt.

Dntedl,~~.J

BY TIlE REREREE:

No. 5

Stat. of Colorado