ISFAPP00930

• Case Number: 90CW0293
• Stream Name: Pole Creek
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

.

.

-\

90CW293
Water Div. 5

8. Water Riqhts Decreed: The Referee Rules and Orders
that subject to the terms and conditions set forth herein, the
subject Application is granted and the following Instream Flow
water right is hereby ordered, adjudged and decreed:

Upper Seqment
3.0 c.f.s. ABSOLUTE (April 1 - June 30);
1.5 c.f.s. ABSOLUTE (July 1 - July 31);
1.0 c.f.s. ABSOLUTE (August 1 - March 31).

Lower Seqment
3.0 c.f.s. ABSOLUTE (April 1 - June 30);
2.0 c.f.s. ABSOLUTE (July 1 - July 30);
1.5 c.f.s. ABSOLUTE (August 1 - August 31);
1.0 c.f.s. ABSOLUTE (September 1 - March 31)

for the purpose of maintaining an Instream Flow to preserve
the natural environment to a reasonable degree in Pole Creek
between the upstream and downstream termini as described above
in paragraph 3 with an appropriation date of November 27,
1990.

The priority herein awarded was filed in the Water Court
in the year of 1990 and shall be junior to all priorities
filed in previous years. 'As between all rights filed in the
same calendar year, priorities shall be determined by
historical date of appropriation and not.affected by the date
of the entry of this ruling.

9 .
devices
require

The CWCB shall install and maintain such measuring
and maintain such records as the Division Engineer may
for administration of this Instream Flow water right.

IT IS Ordered that this Ruling shall be filed with the
Water Clerk and shall become effective upon such filing,
subject to judicial review pursuant to ~ 37-92-304, 15 C.R.S.
(1990) .

IT IS Further Ordered that a copy of the Judgment and
Decree shall be filed with the State Engineer and the Division
Engineer for Water Division No.5.

Dated this

day of

, 1997

BY THE REFEREE:

Robert Cutter
Water Referee
Water Division No. 5