ISFAPP00994

• Case Number: 79CW0169
• Stream Name: Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

79CW169

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per second of time during the summer months and 3.0 cubic feet of
water per second of time during the winter months.

9. The water was first applied to the above beneficial use on
May 18, 1979, 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 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. A statement of opposition was timely filed by the United
States of America, and as a result, on October 31, 1979, the application
was re-referred by the Water Referee to the Water Judge for Water
Division No.5.

12. On October 16, 1979, the statement of opposition of the
United States of America was effectively withdrawn as a result of
stipulation between the parties involved, the pertinent parts of which
are included in this RUling of Referee. As a result, the application
has been again 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 6.0 cubic feet of water per

second of time during the"summer months and 3.0 cubic feet of water

per second of time during the winter months are hereby awarded for

the purpose of maintaining a minimum stream flow as required to

preserve the natural environment to a reasonable degree on the

Williams Fork River between the beginning and end points as described

in paragraph 5 above, with appropriation date of. the 18th day of May,

1979, absolutely and unconditionally;. subject, however, to the

following stipulated agreement;

a. Applicant's rights are subject to all senior rights 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. .
b. Applicant shall apply for any special use permits or
rights-af-way, as the case may be, if the same are required.
by law for the use of public resources contemplated by the
subject application and shall abide by the conditions set
forth therein;

and subject to all earlier priority rights of others and to the

integration and tabulation by the Division Engineer of such.priorities

and changes of rights in accordance with law; and provided further
that the applicant herein will construct and maintain at its expense
a suitable measuring device or g~uging station as approved by the
State Engineer or his representative for the purpose of administering
this water right in priority as required by laww