ISFAPP00964

• Case Number: 80CW0114
• Stream Name: Agate Creek
• Watershed: Tomichi Creek
• Water Division: 4
• Water District: 28
• County: Gunnison
• Instream Flow App - Doc Type: Final Decree/Stipulations

!
-,'

DlliE Of MAlLIN e
~ 9;6,~43

.

Fi!:::::.~:< Ti.-"; i.'::::' L" t.,

~;,'~.<:' :',. '~;:::,,;

SEP 291983

~.

K~!y Pi::~;;:.:.':j. Cis;:.~

DISTRICT CO~KT. WATE~ DIVISION NO.4. STATE OF COLOqAOO

Case No. 80 C~ 114

-----------------------------------------------------------------

RULING OF REFEREE. JUDGMENT AND DECREE

-----------------------------------------------------------------

CONCE~NING THE APPLICATION FOR ~ATER RIGHTS OF
THE COLORADO WATER CONSERVATION BOARD
IN AGATE CREEK'
iN GUN~ISON AND SAGUACHE COUNTIES

-----------------------------------------------------------------

Th8 court being fully advised as to the matter of the
ap~licdtion herein. hereby makes the followin1 ruling:

All notices rC4uired oy l3w of the filin9 of the applica-
~ion herein have been fulfilled and the court has jurisdiction
over the subject matter and OJer all parties hereto.

The ~nitej StlteS of America timely filed a statement of
opposition. A stipulation has been reached between the United
States and the applicant herein and such stipulation is made
~art of ana incorporated into this proposeJ ruling. the terms Of
which are as follohs:

1. k~plicant's rights are subject to all senior riqhts
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.

2. Applicant shall apply for any special use permits or
rights-of-way. as the Cilse may be. if ~he same are requirp.d oy
law for the use of ~ublic reSOJrces contemplatej by the subject
ap~l ication and shall a~ide by tne conditions set forth therein.

The UDper Gunnison qiver ~ater Cilnservancy District also
timely filed a statement of op~0sition and has sJbsequently with-
drawn said opposition.

All matters contained in th<::> application havin;j been
reviewed. and testimony havinJ been taken where such testimony
is necessary. and such corrections made as are indicated by the
"vidence presented n",rei,,, IT is "ER::3Y TH:: RULIN::; QF TI-'E hATfR