|
<br />,
<br />
<br />'''-,u'
<br />
<br />"""'.>t"'.,.
<br />
<br />," ,0< ":'
<br />
<br />r.'~<:; ,," . .,~ ,
<br />
<br />"',,"
<br />
<br />:"'~"''''\k~'~, ,
<br />. '. -.,.". .,....~. r, .;,vI..-.....
<br />. -''!i
<br />
<br />9.
<br />
<br />The amount of water claimed is 3.0 cubic feet per aecond
<br />of time during the period from April 1 to' September 30; and 1.5
<br />cubic feet per second of time during the period from October 1
<br />to March 31.
<br />
<br />10.. This appropriation to maintain minimum stream flow is. made under
<br />the provisions of Section 148-21-3(6), (7) and "(10) as amended
<br />by Senate Bill 97, signed into law April 23, 1973. .
<br />
<br />11. On September 28, 1973, the Colorado River Water Conservation
<br />District filed, in Water Court for Water Division No.5, a
<br />Statement of Opposition to this application in which it is
<br />stated: The Colorado River Conservation District has no.objection
<br />to the granting of the application for vater rights on the
<br />condition, however, that as a part of-the Ruling of the Referee
<br />and the Decree of the Water Court a Finding is made -and an Order
<br />entered that the Congress of the United States of America in
<br />authorizing the construction of the Frying Pan-Arkansas Project
<br />(76 Stat. 389) specifically directed the operation of the -
<br />project in accordance with certain Operating Princ{ples
<br />appearing as House Document No. 130, 87th Cong. 1st Sess., and tlijit
<br />the Ruling and Decree are not intended to be, nor shall it be
<br />construed as, an amendment, variation, abrogation-or construction
<br />of such Operating Principles.
<br />
<br />The Referee does therefore conclude that the above entitled
<br />
<br />application should be granted, and that .3.0 cubic feet of water per second of
<br />
<br />time during the period from April 1 to September 30; and 1.5 cubic feet of water
<br />
<br />per second of time during the period from October 1 to March 31, is hereby
<br />
<br />awarded to Last Chance Creek from a point at 10,000 feet elevation to its
<br />
<br />confluence with the North Fork of the Fryingpan River, for _the purpose of
<br />
<br />maintaining such munimum flows in the stream bed as are required to preserve the
<br />
<br />natural environment to a reasonable degree, with appropriation date of the
<br />
<br />12th day of July, 1973, absolutely and unconditionally; subject, however, to
<br />
<br />all earlier priority rights of others in accordance with~law, and also subject
<br />
<br />to the Operating Principles of the Frying Pan-Arkansas Project.
<br />
<br />It is accordingly ORDERED that this ruling shall be filed with the
<br />
<br />Water Clerk and shall become effective upon such filing, subject to judicial
<br />
<br />review pursuant to Section 148-21-20 CRS 1963 as amended (1971).
<br />
<br />It is further ORDERED that a copy of this ruling shall be filed with
<br />
<br />the appropriate Division Engineer and the State Engineer.
<br />Done at the City of Glenwood Springs, Colorado, this /t?;2[
<br />day of kb,;,:.;it?8,;/z- . 1973.
<br />
<br />BY THE REFEREE:
<br />
<br />no protc~t '>':QS fi~ed in th-1,s t:':attor
<br />'The foregaing ruling is cotfiroed
<br />and approved, and is made the
<br />Judgment and Decree of this oourt.
<br />
<br />Dnted'~~~
<br />r ~
<br />/' 0:;. .~a "1' Jud"o
<br />
<br />~
<br />
<br />Water Division No. 5
<br />State of Colorado
<br />
|