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ISFAPP01046
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ISFAPP01046
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Last modified
4/16/2016 12:05:15 AM
Creation date
10/5/2006 10:20:59 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
80CW0135
Stream Name
Squaw Creek
Watershed
Eagle River
Water Division
5
Water District
37
County
Eagle
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />/'"'' <br /> <br />11. On July 16, 1980, a Stutement of Opposition was filed <br />by the united States of America. <br /> <br />, <br />I <br />J <br />" <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />United States of America was 'effectively withdrawn as a result of :. <br />Stipulation between the parties involved, the pertinent parts of I <br />which are included in this Ruling of Referee. <br /> <br />The Referee docs thereforc' conclude thiJt the above entitled <br /> <br />application should be granted and that 1.0 cubic foot of water per <br /> <br />second of time is hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve t.he natural environment <br /> <br />to a reasonable degree on Squaw Creek, between the beginning and <br /> <br />end points as described in puragraph 5 above, with appropriation <br /> <br />date of the 17th day of March, 1980, absolutely and unconditionally; <br /> <br />subject, however, to the following stipulated agreement; <br /> <br />a. Applicant's rights arc subject to all senior rights of the <br />United States of America in the subject source, including properly decreed <br />reserved rights, as ure now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights- <br />of-way, as the case may be, if the same are required by law for the <br />use of public resources contemplated by the subject application <br />and shall abide by the conditions set forth therein; <br /> <br />and subject"to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and chunqes of rights in accordance with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gouging station as approved by the State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is uccorc1ingly ORDERED that this rul.ing shall be filed with' <br /> <br />the Water Clerk. and shall become effective upon such filing, subject <br /> <br />to ,Judiciul review pursuant to Section 37-92-~04 ens 1973. <br /> <br />It is further GIWEHED tlwt a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br />Done CLt the City (If Glc!l\vood Sprin~s, Colorado, thijs ~ <br /> <br />- <br />doy of f-CFt9tf t!.84-' 1981. <br /> <br />I3Y TilE HEFEREE: <br /> <br />RECEIVED <br />MAR 2 7 1981 <br />- ""'RefS <br />SIPl UfGlNEEP <br />.... <br /> <br />,1-1 ,/" 'i~'.' <br />.._,/:/I!iI-.y.\~: ~/r/I"/I <br />{- ""'1 <br />I -," <br />, ~ <br />..~ <br />" <br /> <br />~~~/~ <br />\.! - r Referee <br />v-atcl~ DIVISIon No. 5 <br />State of Colorado <br /> <br />-2- <br />
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