ISFAPP01293

• Case Number: 78W3814
• Stream Name: Wearyman Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

5. Ci~..:,,_. iplion of 'oeyinning and end points of mini-
mum stream flow claimed: the natural stream channel from
headwaters in vicinity of lat 39 deg 30'27'. N, long 106 deg
15'15" ~ as the upstream terminus and confluence Turkey
Creek in sec 15, T6S RaOW, 6th Pt-', as the dOwnstream terminus.

6. The use of t.h~ water is to appropriate such mini-
mum stream flows as are required to preserve the natural
environment to a reasonable degree.

7.
12, 197 a.

The date of initiation of appropriation is May

o. The amount of water claimed is:
of water per second of time.

2 cubic feet

9. The water was first 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,
J7-92-102(J}. 37-92-103(3). (4) and (IO).

10. Tnis appropriation is made under the provisions
of C.R.5. 1973. 37-92-102(3). 37-92-103(3). (4) and (10).
known as Senate Dill 97, siyned into law, April 23, 1973.

11. Statements of opposition were timely filed
the Colorado River Water Conservation District and the
State~..Rf Americc3/<lnd as a result, on5eP1e..~.:{~€.tIi.
_./_tf.7..L:L___________, the appl ication was rereferred ~
water judge for water Division No.5.

12. The statementl of opposition of the ColoradoL:uelC
Water Conservation District w~jf subsequently withdrawn and
the statement of opposition of the United States of America
was withdrawn by stipulation, the pertinent parts of whiCh
<"re included in this rul ing of the referee. AS a result,
t.he ap;.>l iCdtion t"'\as again been referred to the water referee
by the water jud0€ for water Division No.5.

by
United
Z8)
the

The referee does therefore conclude that the above-entitled

appl ication should be granted and that 2 cubic feet of water

p~r 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 Wearyman

Creek between tne beginning and end points as described in

paragraph 5 above, with an appropriation date of May 12,

1978, absolutely and unconditionally; subject, however, to

the followin~ stipulated agreement:

a. Applicant's rights dre subject to all senior
rignts of the United States of America in the subject source,
including properly decreed reserved rightSt 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, jf the same are required
by law for the use of publ ic ,resources cor.:C.;"'..}>lated by the

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