ISFAPP00909

• Case Number: 79CW0167
• Stream Name: Steelman Creek
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

79CW167

. . sL~

per second of time during the summer months and 1.0 cubic foot of ~~'WJi" ~
water per second of time during the winter months. ~OJ.I

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
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 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United States of America was effectively withdrawn as a result of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 2.0 cubic feet of water pe~

second of time during the summer months and 1.0 cubic foot 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 Steelman

Creek between the beginning and end points as described 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 sam~~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 Oivision 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.

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