5-78W3796 Final Decree

• Case Number: 78W3796
• Stream Name: Eagle River
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

W-3796

6. The use of the water is to appropriate such
minimum stream flows as are required to preserve the natural
environment to a reasonable degree.

7. The date of initiation of appropriation is
May 12, 197B.

8. The amount of water claimed is 50.0 cubic feet
of water per second of time in the Summer months and 20.0
cubic feet of water per second of time in the Winter months.

9. The water was first applied to the above
beneficial use on May 12, 1978, 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 proyisions
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. In August, 1978, staterne~ts of opposition were
filed by The Colorado River Water Conservation District and
the United States of America, and as a result, on September 28,
1978, the application was re-referred by the Water Referee
to the Water Judge for Water Division-No.5.

12. On December 28, 1979, the statement of
opposition of the Colorado River Water Conservation District
was withdrawn, and on the same date a stipulation was filed
uJ the applicant and the United States of AQerica which
effectively withdrew the opposition of the United States of
America. As a result, on January 28, 1980, the application
was again referred to the Water Referee by the Wdter Juuge
for Water Division No.5.

The Referee does therefore conclude that the above
'ilL
entitled application should be.granted and thatE~.O cubic

feet of water per second of time from October 1 to April 30,
q?
and ~O.O cubic feet o~ water per second of time from May 1
to September 3jl, are hereby awarded for the purpose of
maintaining a minimum stream flQiy as required to preserve

the natural environment to a reasonable degree on the Eagle

River between the beginning and end points as described in.

paragraph 5 above, with appropriation date of the 12th

day of May, 1978, absolutely and unconditionally; subject,

however, 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

-2-