ISFAPP00995 - Laserfiche WebLink

Home Browse Search

5. Description of ~A~inni0] ~"~ ~"~ n~;"t~ "f mini- mum s.trealll flow claimed: the natural stream Chann~l from headwaters in vicinity of lat 39 deg 32'0711 N, long 106 deg 30'23" W as the upstream terminus and confluence Grouse Creek in sec 27 T55 R81W, 6th PM as the downstream terminus. 6. mum stream environment The use of the water is flows as are required to to a reasonable degree. to appropriate such mini- preserve the natural 7. 12, 1978. The date of initiation of appropriation is May 8. The amount of water claimed f6&l of water per second of time. is: /.0 ~ cubic 9. The water was fi rst appl ied to the above benefi- cial uSe on May 12, 1978 by action of the Colorado Water Con- servation 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). kno....n as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the Colorado River Water Conservation District~ and the United Slates of America and as a result, on:SA'I~~Le __(~~t{__________, the application was rereferred~ the J water judge for Water Division No.5. 12. The statementl of opposi tion of the Colorado,.E1,~;C... Water Conservation District wet. subsequently withdrawn and the statement of oPPOSition of th€ United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee. As a result, the appl ication has again been referred to the water referee by the ~ater judge for Water Division No.5. The referee does therefore conclude that the above-entitled /.0 npplication should be granted and that~ cubic flll!let of '5 water per second of time ~ hereby awarded for the purpose of maintaining a minimuol stream flow as required to preserve the nat~ral environment to a reasonable degree on West Grouse Creek between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, absolut€ly and unconditionally; subject, however, to the following stipulated agreement: a. Applicant's rights are subject to all senior rights of the United Stdtes of America in the subject source, including properly decreed reserved rights, as are now or wi 11 hereafter be determi ned by law. b. Appl icant shall apply for any special use permits or rights-of-waYt as the case may be, if the same are required by law for the use of publ ic resources contemplated by the -2-