ISFAPP01261

• Case Number: 80CW0131
• Stream Name: Middle Creek
• Watershed: Gore Creek
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

BOCWl31

7. The date of initiation of app~opriation is March 17, 1980.

8. The amount of water claimed i$: 1.0 cubic foot of water
per second of time.

9. The water was first applied to the above beneficial use
on March 17, 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 provision of C.R.S.
1973, 37-92-102 (3), 37-92-102 (3), (4) and (10), known as Senate
Bill 97, signed into law April 23, 1973.

II. Statements of Opposition were timely filed by Vail Water
and Sanitiation District, and by the United States of America, and
as a result, on August, 29, 1980, the application was re-referred
by the Water Referee to the Water Judge for Water D~~ision No.5.

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12. The Statement of Opposition of Vail Water and Sanitation
District was subsequently withdrawn, and the Statement of Opposition
of the United States of America was withdrawn by Stipulation, the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 Ruling of Referee. As
a resultl 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 as required to presexve the natural environment

to a reasonable degree on Middle 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 I 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 herein I

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 ~xpense a suitable measuring device or gauging station as

approved by the State Engineer or his representat~ve for the purpose

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