ISFAPP00972

• Case Number: 77W3646
• Stream Name: Boulder Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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5. Description of beginning and end points of mini-
mum stream flow claimed: the natural stream channel from
headwaters in the vicinity of 1at 39 deg 41'0111 N, long 106
deg 15'08" W as the upstream terminus and confluence with
the Blue River in see 4, T4S R7BW of the 6th PM as the dOwn-
stream terminus.

6.
mum stream
env j ronment

The USe of the water is
flows as are required to
to a reasonable degree.

to appropriate such mini-
preserve the natural

7. The date of initiation of appropriation is Janu-
ary 19. 19'77.

8. The amount of water claimed is: (summer) band
(winter) 3 cubic feet of ~ater per second of time.

9. The water was first applied to the above benefi-
cial use on January 19, 1977 by action of the Colorado Water
Conservation Board under the provisions of C.R.S. 1913,
37-92-102(3). 37-92-103(3), (4) and (101.

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. Statements of opposition were timely filed by
the Colorado River water Conservation District, the Middle
Park ~at~r Conservancy District, and the United States of
America and as a result, on ____~Jr~~__Zjp~~I~~----,
the appl i cat i on was rereferred -,a, the water judge for Water
Division No.5.

12. The statements of opposition of the Colorado L:1I,C.
Water Conservation District and the Middle Park Water Conser-
vancy District were subsequently withdrawn and the statement
of opposition of the United States of America was withdrawn
by stipulation, the pertinent parts of which are included
in this rul ing of the referee. As a result, the appl iCdtion
has ag~in been 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 (summer) b and (winter)

3 cubic feet of water per second of time are hereby awarded

for the purpose of maintaining a minimum stream flow as

required to preserve the natural environment to a reasonable

degree on Boulder Creek between the beginning and end points

as described in paragraph 5 above, with an appropriation

date of January 19, 1917, absolutely and unconditionallYi

subject, however, to the following stipulated agreement:

a. Applicant's rights are subject to all senior
rights of the United States of Am~rica in the subject Source,
including properly decreed reserved rights, as are now or
will hereafter be determined by law.

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