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ISFAPP00927
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ISFAPP00927
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Last modified
4/16/2016 12:05:04 AM
Creation date
10/5/2006 10:20:39 PM
Metadata
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Template:
Instream Flow Appropriations
Case Number
79CW0005
Stream Name
South Fork Arapahoe Creek
Watershed
North Platte River
Water Division
6
Water District
47
County
Jackson
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />.: <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />.l <br /> <br />is made par~ of and incorporated into this order and decree, <br />the terms of Hhich are as fol1oHs:- <br /> <br />1. Applicant agrees to subordinate the water rights <br />herein to any water right for irrigation or for storage for <br />irrigation use so long as said ~ater right continues to be <br />used for irri~ation in Jackson County, Colorado and so long <br />as said Hater right will not cause more than 145,000 acres <br />to be placed unaer irrigation in Jackson County or cause <br />more than 17,000 acre-feet of water to be stored in Jackson <br />County for purposes of irrigation from the ~orth Platte <br />River and i~s trioutaries between October 1 of any year and <br />September 30 of the folloHing year. The applicant is not <br />bound by this stipulation if said water right is no longer <br />u~eo for purposes of irrigation. <br /> <br />~. If, due to chan~e in type of use of a water <br />right, aereage is removed from irrigation, any water right <br />subsequently used for irrigation of acreage so removed shall <br />not be subject ~o the terms of this stipulation. <br /> <br />j. Ap~licant does not Haive its right to use the <br />water rignt herein as a basis to object to any water right <br />app1 ication, plan for augmentation, exchange. or change in <br />use or point of diversion not in furtheranee of provision <br />~o. 1 of this stipulation. <br /> <br />4. Tne purpose of this stipulation is to allow <br />full comp1 iance with the equitaole apportionment provisions <br />of ~~QLg~~g_~&_~~gmiog, 325 U.S. 589 (1945) and mOdified <br />January 14, 195j. Ap;>l icant has entered into a stipulation <br />with the Jackson County Water Conservancy District due to <br />the uniqueness of said equitable apportionment deeree in <br />that said decree defines the specific acreage that may be <br />p1aeed unaer irrigation. This stipulation estaolishes no <br />general principle or precedent with respect to any other <br />interstate stream. <br /> <br />Tne ColDrado River ~ater Conservation District, Meyring <br />livestock Company and Arapanoe livestock Company also timely <br />filed a statement of opposition and subsequently withdrew <br />said oppOsition. <br /> <br />-2- <br />
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