ISFAPP01264

• Case Number: 80CW0121
• Stream Name: Lost Trail Creek
• Watershed: Crystal River
• Water Division: 5
• Water District: 38
• County: Gunnison
• Instream Flow App - Doc Type: Final Decree/Stipulations

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'80CWl21
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II. On July 16, 1980, a Stiltcmcnt 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United States of America was effectively withdrawn as a result of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 invol~~d, the pertient parts of
which arc included in tJlis Ruling of Rciterec.

The Referee does therefore conclude that the above entitled

application should be granted and that 4.0 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 Lost Trail 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 fO,llowing stipulated agreement;

a. Applicant's rights arc 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 sllall apply for ~ny special use permits or rights-of-
way, as the CJ.se may' be, if the sarno are required by law for the use of
public resources contemplated by the subject application and shall
abide by the conditions set [ol.tl, therein; .

and subject to all earlier priority rights of others and to the

integr~tion and tabulation by the Division Engineer of such priorities

and chungcs of rights in accordance with law; and provided further that
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the applicant herein will constrllct and maintain at its expense a

suitable measuring device or gauging station ~s approved by the State

Engineer or his representative for the purpos~ of administering this

water right in priority as required by law.

It is accordingly OHDEJUW lhc\t this rulil1g shall be filed with

the Water Clerk and shall become effective upon such filing, subject

to Judicial review pursuant to Secllc)n 37-92-304 cns 1973.

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

with the appropriate Division Engineer and the:.: State

day

of ~~Lr/"'II"
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Done at the City of Glenwood Springs, Colorado, [his
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BY 1'118 REFER~E:
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Wil 'r Rcferee-'
W er D~v~S~Qn No. 5
state of ~olorado

Engineer.
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1981.

RECEIVED
MAR 27 1981
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