ISFAPP01026

• Case Number: 73W1955
• Stream Name: Fryingpan River
• Watershed: Fryingpan River
• Water Division: 5
• Water District: 38
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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9. The amount of water claimed is 30.0 cubic feet per aecond
of time during the period from" October i to Mnrch 31;
100.0 cubic feet per second of time during the "pm"iOll
"from April "1 to April"3D; 150aO cubic feet per second of
time duri"ng tl).e period from Ha)'" 1 "to May 31i 200aO cubic
feet per second of time during the period from June 1 to
June 30; 100.0 cubic feet per ~econd_ of time during the
period from July 1 to July 31i 75aQ cubic" feet per second
of time during the period from August 1 to Augus~. 31; 65aO
cubic feet per second .of time ~uring the period from
September I to September 30.

10. This appropriation to maintain minimum stream flow is made
under the provisions of Section 148-21-3(6), (7) and (10)
'"as amended by Sen~te Bill 97, .signed into law Apr"il "23, 1973."

lL On September 28, 1973, the Colorado River Water Conservation
District filed, in Water Court for" Water Division No'- 5", a
Statement of Opposition tO,this application in which "it is
stated: The Colorado River "Conservation District has no
objection to the granting of the application for water rights
on the"condition, however, that as a part of the 'Ruling of
the Referee and the "Decree of the Water Court 'a Finding is
made and an 'Order entered that the Congress of the United
States of America in autho~izing "the construction of the
Frying Pan-Arkansas Project (76 Stat. 389) specifically
directed the operation of the project in accordance "with
certain Operating Principles appearing as House Document
NOa 130, 87th Conga 1st Sess., and that the "Ruling and
Decree are not intended to be, nor shall it be construed
as, an amendment, variation, abrogation or construction of
such Operating Principles. "

The Referee does therefore conclude- that the above entitled

application should be gran~ed and that 3OaO cubic feet of water per

second of time during the "period from October 1 to March 31; lOOaO cubic

feet of water per second of time during the period from April 1 to April 30;

150.0 cubic feet of water per second of time during the period from May ,1
to May 31; 200aO cubic" feet of 'water per second of time during 'the period

from June 1 to June 30j lOoaO cubic"f~et of ~ater per second of time during

the peri6~ from July ~ to July 31; 75.0 cubic -feet of water" per second
9f time during the period from August ~ to August 31; 65.0 _cubic feet of

water"per second of" time during the period f~om September 1 to September 30,

is ~ereby awarded to the Fryingpan River fro~ a point immediately below

its confluence with the North"Fo~k of the Fr~ingpan River" to the point of
entry into Ruedi Reservoir, for the :purpose ~f maintaining such minim~

flows in the stream bed as are requ~red to preserve the natural environment

to a reasonable degree '" with appropriation date ot the 12th day" of July, 1973a

ab~olute~y and unconditionallYi subject, however, to ~1 earlier priority
"rights"of others in accordance w~th law, and also subject to the Operating

Pri"nciples of the Frytng Pan-Arkansas Proj-ecta
.It is accordingly ORDERED that this ruling shall be filed ~ith

the Water Clerk" and shall become effective upon such f~li~g, subject to