ISFAPP01230

• Case Number: 80CW0294
• Stream Name: East Elk Creek
• Watershed: Elk Creek
• Water Division: 5
• Water District: 39
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

30CW294

7. The date ?f initiation of appropriation is May 7, 1980.

8. The amount of water claimed is: 10.0 cubic feet of water
per second of time from May 1 through September 30, and 6.0 cubic
feet of water per second of time from October 1 through April 30.

9. The water was first applied to the above beneficial use.
on May 7, 1980, 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 as a result, on October 31, 1980, the
Application was re-referred by the Water Referee to the Water
Judge for Water Division No.5.

12. On March 10, 1981, 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United States of America was effectively withdrawn as a result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
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 from May 1 through September 30, and 6.0 cubic

feet of water per second of time from October 1, through Arpil 30,

are hereby awarded for the purpose of maintining a minimum stream

flow as required to preserve the natural environment to a reason-

able degree on East Elk Creek, between the beginning and end

points as described in paragraph 5 above, with appropriation date

of the 7th day of May, 1980, absolutely and unconditionally;
subject, however, to the following stipulateq ag~eement;

(a) Applicant1s rights are subject to all such rights of
the United States of America in the subject source,
including reserved rights, as are now or will hereafter
be determined by law to be senior.
(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 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 py 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 measuri~g device or gauging