ISFAPP01229

• Case Number: 5-77W3652G
• Stream Name: Miller Creek
• Watershed: White River
• Water Division: 5
• Water District: 43
• County: Rio Blanco
• Instream Flow App - Doc Type: Final Decree/Stipulations

8. The amount of water claimed is 10.0 cubic feet
of water per second of time.

9.. The water was first applied to the above
beneficial use on November 15, 1977, 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. On February 10, 1978, a statement of oppo-
sition was filed by the Colorado River Water Conservation
District, and 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.

12. On December 28, 1979, the statement of
opposition was withdrawn, and on January 29, 1980, the
application was 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 10.0 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

Miller Creek between the beginning and end points as described

in paragraph 5 above, with appropriation date of the 15th
day of November, 1977, absolutely and unconditionally;

subject, however, to all earlier priority rights of others

and to the integration and tabulation by the pivision

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

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