ISFAPP01030

• Case Number: 79CW0170
• 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

'79CW170

8. The amount of water claimed is: 7.0 cubic feet of water
per second of time during the summer months and 3.5 cubic feet of
water per second of time during the Winter months.

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9. The
May 18, 1979,
the provision

water was
b~ action
of C.R.S.

first applied to the above beneficial use on
of the Colorado Water Conservation Board under
1973, 37-92-102(3), 37-92-102(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 ti~ely 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United States of America was effectively withdrawn as a result of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 I 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 7.0 cubic feet of water per

second of time during the summer months and 3.5 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 requ~red 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 agre~nent;

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-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 Engineer of such priorities

and changes of rights in ac:cordance with law; and provided further

that the applicant herein will construct and maintain 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.