ISFAPP00907

• Case Number: 80CW0448
• Stream Name: Colorado River
• Watershed: Colorado River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

,,,,,_:-,,,"""'JOCW448.

9. The water was first applied to the above beneficial use
on July 8, 1980, 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 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. A Statement of Opposition was ti~ely.filed by the city and
County of Denver acting by and through its Board of Water COmMissioners,
and as a result, on l1arch 31, 1981, the application was re-referrred
by the Water Referee to the Water Judge of Water Division No.5.

12: The Statement of Opposition of the City and County of
Denver was subsequently withdrawn, by stipulation, and on August
13, 1982, the application was again referred to the Water Referee
by the Water Judge for Water Division No.5.
The applicant and objector agreed that the following
provisions be made a part of this Ruling of Referee and Decree of
the Court:
The applicant1s rights are sUbject 'to the senior
rights of the City and County of Denver in the
subject source. The applicant recognizes that
the Williams Fork Reservoir, owned by the City
and County of Denver, has been and will in the
future be used to ~ake releases to downstream
senior water users during periods of call in
exchange for diversion by Denver under its
adjudicated water rights in the Upper Williams
Fork, Fraser and Blue River Basins. The
Colorado Water Conservation Board hereby agrees
that it will not exercise its water rights,
herein, in the Colorado River mainstream '
between the confluence of the Colorado River
and the Fraser River and the confluence of
the Colorado and the Blue River in such a
manner as' to impair existing 'exchange operations
by the City and County of Denver.

The Middle Park Water Conservancy District filed an
entry of appearance in support of the issuance of the decree sought.

The Referee does therefore conclude that the above entitled

application should be granted and that 150 cubic feet of wate! per

second of time are hereby a~arded for the purpose of maintaining
a minimum stream flow as required to preserve the natural environ-

men't to a reasonable degree on the Colorado River. between the

beginning and end points as described in paragraph '5

above,

with appropriation date of the Bth day of July, 19BO,

absolutely and unconditionally; subject however., to th.e following

stipulated agreement:'

The applicant's rights are subject to the senior
rights of the City and County of Denver in the
subject source. The applicant recognizes that
the Williams Fork Reservoir, owned by the City
and County of Denver, has been and will in the
future be used to make releases to downstream
senior water users during periods of call in
exchange for diversion by Denver under its
adjudicated'water rights in the Upper Williams
Fork, Fraser and Blue River Basins. The
Colorado water Conservation Board hereby agrees

2.