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

80CWl21

11. On July 16, 1980, a Statement of OPPosition was filed by
the United States of Am:~isg~.~

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united States of America was effectively withdrawn as a result of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 involved, th~ pertient parts of
which are included in this Ruling of Referee.

The Referee does therefore conclude that the above entitled

application should be granted and that 4.0 C~bic feet of water per

second of time are hereby awarded for the pU~pose of maintaining a

minimum stream flow as required to preserve the natural environment

to a reasonable degree on Lost Trail Creek, ~etween the beginning

and end points as described in paragraph 5 above, with appropriation

date of the 11th day of March, 1980, absolut~ly and unconditionally;

subject, however, to the following stipulate~ agreement;

a. Applicantls rights are subject to all senior rights of the
United States of America in the subject sour~e, including properly decreed
reserved rights, as are now or will hereafte~ be determined by law.

b. Applicant shall apply for any speciql use permits or rights-of-
way, as the case may be, if the same are reqqired by law for the use of
public resources contemplated by the subject application and shall
abide by the conditions set forth therein;

and subject to all earlier priority rights ot: 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
I

the applicant herein will construct and maintain at its expense"a

suitable measuring device Or gauging station as approved by the State

Engineer or his representative for the purpo~e of administering this

water right in priority as required by law.

It is accordingly ORDERED that this rul~ng shall be filed with

the water Clerk and shall become effective uIJon such filing, subj>ect

to Judicial review pursuant to Section 37-92~304 CRS 1973.
It is further ORDERED that a copy of th~s ruling shall be filed

with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, COlorado, this //~

day of

firM ,Nt."
(

1981.

BY TilE REFEREE:

~......u
W :t Referee-
W e:t Division No. 5
State of Colorado

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