ISFAPP01062

• Case Number: 73W1954
• Stream Name: Lime Creek
• 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 3.0 cubic feet per second
of time during the period from April 1 to September 30i
and 1.5 cubic feet per second of time during the period
from October 1 to March 31.

10. This appropriation to maintain minimum stream flQw is
mafie under the provisions of Section 148-21-3(6), (7) and
(10) as amended by Senate Bill 97, signed 'into law
April 23. 1973. .

11. 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 authorizing 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
No. 130, 87th Cong. 1st Sess., and that the Ruling and
Decree are not intended to bet 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 granted, and 3,..0 cubic feet of water per second of

time during the period from April I to September 30, and 1.5 cubic feet

of ~ater per second of time during the peri~d from October 1 to March 31

is hereby awarded to Lime Creek from a point at 10,000 feet in elevation

to its confluence with the Fryingpan River, for the purpose of maintaining

such minimum flows in the stream bed as are required to preserve the

natural environment to a reasonable degree, with appropriation date of

the 12th day of July, 1973, absolutely and unconditionally; subjectt however,

to all earlier priority rights of others ~n accordance ~th law, and also

subject to the Operating Principles of the Frying Pan-Arkansas Project.

It is accordingly ORDERED that this ruling shall be filed with the

Water Clerk ~d shall become effective upon such filing, subject to

judicial revie~ pursuant to.Section 148-21-20 CRS 1963, as amended (1971).
It i8 further ORDERED that a apy of this ruling shall be filed

with the appropriate Division Engineer and the State Engineer.

Done at the City of Glenwood Springs, Colorado, this /t1~'
day of Ai'/<TMI$"';L.. 1973.

BY TIlE REFEREE:

~tU
W Referee
ater Division No.. 5
State of Colorado