ISFAPP01216

• Case Number: 79CW0163
• Stream Name: Bobtail Creek
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

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79CW163

7. The date of initiation of appropriation is May 18, 1979.

8. The amount of water claimed is: 1.0 cubic foot of water
per second of time during the Summer m9nths.

9. The water ~as first applied to the above beneficial use
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), 37-103(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 as a result, on October 31, 1979, the application
was re-referred by the Water Referee to the Water JUdge for Water
Division No.5.

12. On October 16, 1979, the statement of opposition of the
United States of America was effectiveiy withdrawn as a result of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 the
Water Judge for Water Division No.5.

The Referee does therefore conclude that the above entitled

application should be granted and that 1.0 cubic foot of water per

second of time is hereby awarded for the purpose of maintaining a

minimum stream flow a6 required to preserve the natural environment

to a reasonable degree on Bobtail Creek, 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 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 +esources contemplated by
the subject application and shall abide,by the conditions
set forth therein;

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 prov~ded 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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