ISFAPP01182

• Case Number: 77W3625
• Stream Name: Brush Creek
• Watershed: Brush Creek
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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W-3G25

7. The date of initiation of appropriation is July 26, 1977.

8. The amount of water claimed is: 12.0 cubic feet of water
per second of time.

9. The water was first applied to the above beueficial use
on July 27, 1977, by action of the Colorado Water Co~rvation Board
under the provisions of C.R.S. 1973, 37-92-102(3), 37-92~103(3), (4)
and (10).

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10. This appropriation is made ~nder the prov~s~ons of C.R.S.
J 973, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as Senate
Bill 97, signed into law April 23, 1973.

11. Statements of Opposition were timely filed by the Colorado
River Water Conservation District, by the Adams Rib Ranch Corporation,
and by the United States of America. As a result, on March 20, 1978,
the application was re-referred by the Water Referee to the Water
Judge for Water Division No.5.

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12. The Statements of Opposition of the Colorado River Water
Conservation District, and of Adams Rib Ranch Corporation, were
subsequently withdrawn, and the Statement of Opposi~ion of the
United States of America was withdrawn by stipulation, the pertinent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. Entries of Appearance were mad~ by Brush Creek and Eagle
R~ver Company, and by the Town of Eagle.

The Referee does therefore conclude that the above entitled

~ application should be granted and that 12.0 cubic feet of water per

second of time are hereby awarded for the purpose 9f maintaing a

minimum stream flow as required to preserve.the natural envi~onrnent
to a reasonable d~gree on Brush Creek between the beginning and end
points as described in paragraph 5 above, with appropriation date of

the 27th day of July, 1977, absolutely and unconditionally; subject,

however, ..to the following stipulated agreement;

(a) Applicant's rights are subject to all senior rights of
the United States of America in the sUbject source, including proper-
ly 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 contemplated by the subject application and
shall abide by the conditions ~et forth therein,

and subject to all earlier priority rights of others and to the

integration and .tabulation by the Division Engineer of. such priorities

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