ISFAPP01397

• Case Number: 80CW0122
• Stream Name: West Lake Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

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BOCWl22

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11. On 'July 16, 1980, a State~ert of -Opposition was filed by
the united States of America.

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12. On September 9, 1980./ the Stat,ement of Opposition of the
United States of America was effectively withdrawn as a result of
Stipulation between the parties involved, the pertinent parts of
which are included in this Ruling of Referee.

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The Referee does therefore conclude that the above entitled

application should be granted and that 5~O 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 West Lake 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 following stip~lated agreement;

a.. Applicant's rights are subject to all senior rights of the
United States of l\merictl in the subject source, including properly
decreed reserved rights, as arc 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 contemplat~d uy the subject applicatiqil and- shall
.;:lbige by the conditions set forth therein;

a~d subject to all earlier priority rights of others and to the

integration and tabulation by the Division Engineer of such priorities

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and .changes of rights in accordance with law; and provided ~further that
the applican~.,he~ein will construct and maintain at its' ~xpense a
suitable meas'u-rl"ng device or gauging station as approved b~ the State
Engineer or his representative for the purpose of administ~ring this

water right in priority as requir'ed by law.

It is accordingly ORDERED that this ruling shall be filed with

th~ Water Clerk and shall become effective upon such fi~~ng, sUbject

to Judicial review pursuant to Section 37-92-304 CRS 1973.

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

with the appropriate Division Engine,er and the State

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Engineer.

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Done at the City' of Glenwood Springs, Colorado, th' 5

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of ~t:rM!<!f{~\/" BBl.
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BY 1'HE REFEREE;

RECEIVED
MAR 271981
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