ISFAPP01220

• Case Number: 80CW0116
• Stream Name: Gypsum Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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80CW1l6

11. On July 16, 1980, a statement of Opposition was filed by \
the united states of America.

12. On September 9, 1980, 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united States of America was effectively withdrawn as a result of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.

The Referee does therefore conclude that the above entitled

application should be granted and that 6.0 cubic feet of water per

"

second of time are hereby awarded for the purpose of maintaining

a minimum stream flow as required to preserve the natural environment

to a reasonable degree on Gypsum Creek, between the beginning and end

points as described in paragraph 5 above, with appropriation date of

the 17th day of March, 1980, 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 resources 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 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 rep~esentative for the purpose of administering this
water right in priority as required by law.
It,is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304 CRS 1973.

It is further ORDERED that a copy of this ruling shall be filed

with the appropriate Division Engineer and the State Engineer.
Done at the city of Glenwood Springs, Colorado, this /i ~

day of N&PPAJ(f

, 1981.

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BY THE REFEREE:

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~iVision No. 5
State of Colorado

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