ISFAPP01112

• Case Number: 80CW0038
• Stream Name: Cataract Creek
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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11. On May 271 19801 a Statement of
the United States of America.

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Opposition was filed by

12. On November 12, 1980, 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United states of America was effectively withdrawn as a result of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 stipulation are included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

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application should be granted and that 6.0 cubic feet of water per

second of time during the summer months and 3.0 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 required to preserve

the natural environment to a reasonable degree on Cataract Creek,

between the beginning and end points as described in paragraph 5 above,

with appropriation date of the 30th day of January, 1980, absolutely

and unconditionally; subject, however, to the fOllowing stipulated

agreement;

a. Applicant's rights are subject
united States of America in the sUbject
rights, as are now or will hereafter be

to all such rights of the
source, including reserved
determined by law to be senior.

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 .~~d to the
integration and tabulation by the Division E~gineer 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 for the purpose of administering this
water right in priority as required by law.

It is accordingly ORDERED that this ruling shall be filed with

the Water Clerk and shall become effective upon such filing, subject

to Judicial review pursuant to section 37-92-304 eRS 1973.
It is further ORElERED that a copy of this ruling shall be filed

with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this /7.z!.

day

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, 1981.

BY THE REFEREE:

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W r :~l~ee
er Division No. 5
state of Colorado

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