ISFAPP01013

• Case Number: 80CW0371
• Stream Name: East Miller Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW371

Board under the prov1s1ons 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. .

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11.
filed by the

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On October 29, 1980, a statement of
United States of America.

opposition was

12. On December 23, 1980, 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the United States of America was effectively withdrawn as a result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.

The Referee does therefore conclude that the above entitled

application should be granted and that.4.0 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 environ-

ment to a reasonable degree on East Miller Creek between the begin-

ning and end points as described in paragraph 5 above with appropria-

tion date of the 7th day of May, 1980,. absolutely and unconditionally;

subject, however, to the following stipulated agreement;

(a) Applicant's rights are subject to all such. rights
of the United States of America in the subject
source, including reserved rights, as are now or
will hereafter be determined by law to be senior,
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(b) Applicant shall apply for any special use permits
or rights-of-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 Engiheer of such
priorities and changes of rights in accordance with law; and
provided further that the applicant herein will construct and main-

,
tain at its expense a suitable measuring device or gauging station
as approved by the State Engineer or his representative for the
purpose of administering this water right in priority as required
by law.
It is accordingly ORDERED that this ruling shall be filed
with the Water Clerk and shall become effective upon such filing,
subject to Judicial review pursuant to Section 37-92-304 CRS 1973.

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