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

I

.80CW38

11. On May 27, 1980, a statement of Opposition was filed by
the United States oL.~'!'j.c-,!-.

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United States of America was effectively withdrawn as a result of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
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 to:all such rights of the
United States of America in the subject source, including reserved
rights, as are now or will hereafter be 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 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 dev~ce 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 ORElERED 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 CRS 1973.

It is further ORDEREEl 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 t!:..

day

of ~~~VA"'(

, 1981,

BY THE':'REFEREE:

~~~~
w r Re eree
er Division No. 5
State of Colorado

-2-