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ISFAPP01289
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ISFAPP01289
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Last modified
7/5/2016 11:15:06 AM
Creation date
10/5/2006 10:21:48 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
78W3775
Stream Name
Mulstay Creek
Watershed
Willow Creek
Water Division
5
Water District
51
County
Grand
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />5. Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in sec 15, T4N R78W of the 6th PM as the upstream <br />terminus and confluence with Willow Creek in sec 24, T4N <br />R78~ of the 6th PM as the downstream terminus. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is May <br />12. 197 a. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />0.5 cubic fOot <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 1973, <br />37-92-102(3), 37-92-103(3). (4) and (10). <br /> <br />10. This ap~ropriation is made under the provisions <br />of C.R.S. 1973. 37-92-102(3), 37-92-103(3), (4) and (10). <br />known as Senate bill 97, signed into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park ~ater Conservancy District and the United States of <br />Amer;ca and as a result. on SI.RT-~~__Zl-I.L'i.7.J____. <br />the appl ication was rereferred ~ the water judge for Water <br />Oivision No.5. <br /> <br />l2. The statements of opposition of the Colorado ~I/t!~ <br />water Conservation District and the Middle Park Water Conser- <br />vancy Oistrict were subsequently withdrawn and the statement <br />of opposition of the United States of America was withdrawn <br />by stipulation, the pertinent parts of whiCh are included <br />in this rul ing of the referee. As a result, the appl ication <br />has again been referred to the water referee by the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication should be granted and that 0.5 cubic fDet of <br />/~ <br />water per second of time ~ hereby awarded for the purpose <br /> <br />of maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Mulstay <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />1918, absolutely and uncanditianallyi subject, however, to <br /> <br />the following stipulated agreement: <br /> <br />a. Appl icant's rights are subject to all senior <br />rights of the United States of America in the subject Source, <br />including properly decreed reserved rights, as are now or <br />will hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br /> <br />-2- <br />
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