ISFAPP00945

• Case Number: 75W2719
• Stream Name: Beaver Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

W-2719

8. The amount of water claimed is 4.0 c.f.s. from October 1
through April 30; 12.0 c.f.s. from May 1 through September
30, absolute.

9. The water was first applied to the above beneficial use on
May I, 1975 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 prov~s1ons 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. Statements of opposition were timely fiied by V~il Associates,
Inc.. the Colorado River Water Conservation District and
the West Divide Water Conservancy District. As a result}
. on September 24. 1975. the application was re-referred by
the Water Referee to the Water Judge for-Water Division
No.5.

12. The statements of oppos't,on of the Colorado River Water
Conservation District and the West Divide Water Conservancy
District were withdrawn, and on April 12, 1976, the following
Stipulation was filed by the Applicant and Vail Associates,
Inc.: .

Applicant. the Colorado Water Conservation Board", by and
through the Attorney General 'for the State of Colorado,
and the Objector, Vail Associates, Inc.,by and through its
attorneys. Holme Roberts & Owen, hereby stipulnte that
Objector will withdraw it~ statements of opposition and a
decree may be entered in this case without interfering
with the rights of the Objector provided that the following
terms and conditions are incorporated therein:

A. Applicant will be awarded from October 1 through
April 30 (for purposes of preserving a minimum stream
flow in Beaver Creekl 4.0 c:f.s. or the natural stream
flow of Beaver Creek, whichever is less.

B. Applicant will be awarded from May 1 through September
30 (for purposes of preserving a minimum stream flow
in Beaver Creek) 12.0 c.f.s. or the natural stream flow
of Beaver Creek, wbichever is less.

C. Applicant has entered into a Stipulation with Objector
in Case NO. H-2746, which is Objector'.s Application for
a Change of Water Right involving water rights in the
Beaver Creek basin. The Stipulation herein (in W-2719)
is contingent upon the entry of a decree in Case No.
W-2746, subject to the terms and conditions of the
Stipulation in W-2746.

D. Applicant's Beaver Creek m~n~mum stream flow appropriation
is junior and subordinate ,to Objector I s 'decreed irrigation
water rights in the Beav~r Creek basin.

E. That the Application for Surface Water Right herein be
re-referred to the Division" 5 Water Ref~ree.

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