ISFAPP00868

• Case Number: 79CW0183
• Stream Name: Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

,.

79CWIB3

7.

J

The date of initiation of appropriation is May IB, 1979. ~~f

of water C;'f:j}
feet of ~"

to a reasonable degree.

8. The amount of water claimed is: 32.0 cubic feet
per second of time during the summer months and 16.0 cubic
water per second of time during the winte~ months~

9. The water was first applied to the above beneficial use
on May 18, 1979, by action of the Colorado Water Conservation Board
under the ,provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3),
(4) and (10).

10. This appropriation is made under the prov~s~ons 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. Statements of opposition were timely filed by the Middle
Park Water Conservancy,District, by Bluepond Associates, and by the
United States of America, and as a result, on October 31, 1979, the
application was re-referred by the Water Referee to the Water Judge
for Water Division No.5.

12. The statements of Opposition of the Middle Park Water
Conservancy District and of Bluepond Associates were subsequently
withdrawn, and the statement of opposition of the United States of
America was withdrawn by stipulation, the pertinent parts of which
are included in this Ruling of Referee. As a result, the application
has been again referred to the Water Referee by the Water Judge for
Water Division No.5.

The Referee does therefore conclude that the above entitled

application should be granted and that 32.0 cubic feet of water per
second of time during the summer months and 16.0 cubic feet of water

per second of time durint the winter months are hereby awarded for

the purpose of maintaining a minimum stream flow as required to

preserve the natural e~vironment to a reasonable degree on the
William~ Fork River, between the beginning and end poin~, as
described in paragraph 5 above, with appropriation date of the lBth

day of May, 1979, absolutely and unconditionally; subject, however,

to the following stipulated agreement;

a. Applicant's rights are subject to all senior rights of
the United States of America in the subject source, includ-
ing properly decreed reserved rights, as are-now or will
hereafter be determined"by law.

b. 'Applicant shall apply for any special use permits or
rights-of-way, as the case may be, if the same are
required by law for the use of public resources contemplated
by the subject application and shall abide by the conditions
set forth therein;

and subject to all earlier priority rights of others and to the
integration and tabulation by the Division Engineer of such priorities
and changes of rirghts in accordance with law; and provided further