ISFAPP01233

• Case Number: 78W3811
• Stream Name: Eagle River
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

s- Gp~rription of beginning and end points of mini-
mum stream flow claimed: the natural stream channel from con-
fluenc~ with Resolution Creek in sec la, 175 RBOW, 6th PM
as the upstream terminus and confluence with Homestake Creek
in sec 19, T65 R80W, 6th PM as the downstream terminus.

6. The use of the ....ater is
mum strealO flows as are required to
erlvironment to a reasonable degree.

to appropriate such mini-
preserve the natural

12.

1.
1918.

The date of initiation of appropriation is

May

ci\
/ r~l
C;' ~r> /
"
~

8.
(winter) 7

The amount of ....ater claimed is: (summer) 15,
cubic feet of water per second of time.

9. The water was fi rst appl ied to the above benefi-
cial use on May 12, 1978 'by action of the Colorado water Con-
servation Board under the provisions of C.R.S. 1973,
31-92-102(3). 31-92-103(3), (4) and (10).

10. This appropriation is made under the provisions
of C.R.S. 1913, 31-92-102(3), 31-92-103(3), (4) and (10).
known as Senate bill 97, signed into law, Ap,..il 23, 1973.

11. Statements of opposition were timely filed
tne Colorado River Water Conservation District and the
States of Americ.J)and as a result, on 5E.~tJelC
_~9_~~___________, the appl ication was rereferred ~
water judge for ~at~r Division No.5.

12. The statemen;! of opposition of the Colorado ,.e,v~,e
Wdt~r Conserv~tion District w4tS subsequently withdrawn and
the statement of opposition of the United States of America.
was withdrawn by stipulation, the pertinent parts of which
are included in this rul jng of the referee. As a ,..esult,
the appl ication has again been referred to the water referee
by the water judge for ~ater Division No.5.

by
United
ra,
the

Tne r~feree does therefo,..e conclude that the above-entitled

application should be granted and that (summer) "15, (loIinter)

7 cubic feet of water per second of time are hereby awarded

for the ~urpose of maintaining a minimum stream flow as

required to preserve the natural environment to a reasonable

degree on Eagle River between the beginning and end points

as described in paragraph 5 above, with an appropriation

date of May 12, 1978, absolutely and unconditionally; sub-

jectt however, to the follo~jng stipulated agreement:

a. Applicant's rights are subject to all senior
rights of the United 5t~tes of America in the subject source,
inclUding properly decreed reserved rights, as are now or
will hereafter be determined by la.....

b. Appl icant shall apply for any special use permits
or rights-of-way, as the case may be, if the same are required
by la... for the use of publ ic resou,..ces contemplated by th.;;

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