ISFAPP01164

• Case Number: 80CW0374
• Stream Name: Snell Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

80CW374

7. The date of initiation of appropriation is May 7, 1980.

~

8. The amount of water claimed is: 5.0 cubic teet of
water per second of time.

9. The water was first applied to the above beneficial use
on May 7, 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 into law April 23, 1973.

11. On October 29, 1980, "a statement of opposition was filed
by the United States of America.

12. On December 23, 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United States of America was effectively withdrawn as a result of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 are included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be'granted and thatS.O cubic feet of water per
. . ~
second of t1me are hereby awarded for the purpose of ma~ntalng a

minimum stream flow as required to preserve the natural environment

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

points as described in paragraph 5 ab9Y~' with appropriation date
of the 7th day of May, 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 reservod rights, as are now or will hereafter
be determi~ed by law to be senior,
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 contem-
plated by the subject application and shall abide by the
conditions set forth therein,

(b)

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 a
suitable measuring device or gauging station as approved by the

State Engineer or his representative for the purpose of administer-

ing this water right in priority as required by law.