ISFAPP01198

• Case Number: 79CW0173
• Stream Name: Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

,

79CW.173

on May 18, 1979, 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. A Statement of Opposition Was timely filed by the United
States of America, and a.s a result J on October 31, 1979, the
application waS re-referred by the Water Referee to the Water Judge
for Water Divi~ion No.5.

12; On October 16, 1979, 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United States of America was effectively withdrawn as a result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. As a result,
the application has been again referred to the Water Referee by
th6 Water Judge for Water Division No.5.

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 during the Summer months and 6.0 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 natur~l environment to a reasonable

degree on the liilliams Fork River between the beginning and end

points as described in paragraph 5 above, with appropriation date

of the 18th day of May, 1979, 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 properly decreed reserved rigllts_ 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 set for!h therein;

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

integration and tabulatio" 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 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.

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