ISFAPP01076

• Case Number: 80CW0127
• Stream Name: Rock Creek
• Watershed: Roaring Fork
• Water Division: 5
• Water District: 53
• County: Gunnison
• Instream Flow App - Doc Type: Final Decree/Stipulations

80C\H27

8. The amount of water claimed is 6.0 cubic feet of water
per second of time.

9. The water was first applied to the above beneficial use
on March 17, 1980, by action of The Colorado Water Conservation
Board under the provisions 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 in to law April 23, 1973.

11. Statements of Opposition were timely filed by Freeport
Exploration Company, by Asarco, Incorporated, and by the United
States of America, and as a result, on August 29, 1980, the
application was re-referred by the Water Referee to the Water
Judge for Water Division No. S.

12. The Statements of Opposition of Freeport Exploration Com.
pany and of Asarco, Incorporated were subsequently withdrawn, and
the Statement of Opposition of the United States of America was
withdrawn by Stipulation, the pertinent parts of which are included
in this Ruling of Referee. As a result, the application has been
again referred to the Water Referee by the Water Judge for Water
Division No.5.

13. Tlle Ruling of Referee dated October 7, 1981, is superseded
by this Amended Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 6.0 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 environment

to a reasonable degree on Rock Creek between the beginning and end

}]oints as described in paragrapll 5 above, with appropriation date

of the 17th day of March, 1980, absolut.ly and unconditionally;

subject however, to the following stipulated agreement;

(a) Applicant's rights are subject to all senior rights of
the United States of mnerica 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 con.
templated by the subject ~plication 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 accordance 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

-2-