ISFAPP00898

• Case Number: 79CW0172
• 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

79CW172

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 provisions of CRS
1973, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as Senate
Bill 97, signed into law April 23, 1973.

11. A Statement of Opposition was timely filed 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. On October 16, 1979, 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United States of America was effectively withdrawn as a result of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. 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 9.0 cubic feet of water

per second of time during the summer months and 4.5 feet of water

per second of time during the winter months are hereby awarded

for the purpose of maintaining a minimum stream flow as required

to preserve the natural environment to a reasonable degree on the

Williams Fork River.between the beginning and end points as des-

cribed in paragraph 5 above, with appropriation date of the 18th

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,
including 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 con-
templated 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 rights in accordance with law; and

provided further that the applicant herein will construct and

maintain at its expense a suitable measuring device or gauging
station as approved by the State Engineer or his representative
for the purpose of administering this water right in priority
as required by law.
It is accordingly ORDERED that this ruling shall be filed

-2-