ISFAPP01401

• Case Number: 79CW0177
• Stream Name: South Fork Williams Fork River
• Watershed: Williams Fork River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

79CW177

9. The water was first applied to the above beneficial use
on May 18, 1979, by action of the Colorado Water Conservation
Board under the provisions of C.R.S. 1973, 37-92-102 (3), 37-92-
103 (3), (4) and (10).

10. This appropriation is made under the provisions of C.R.S.
1973, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as Senate
Bill 97, signed into law April 23,. 1973.

11. A Statement of.Opposition was timely filed by the United
States of America, and as a result, on October 31, 1979, the
application was re-referred by the Water Referee to the Water
Judge for Water Division No.5.

12. On October 16, 1979, the Statement 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United States of America was effectively withdrawn as a result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. As a result,
the application has been again referred to the Water Referee
by the Water Judge for Water Division No.5.

The Referee does therefore conclude that the above entitled

application should be granted and that 5.0 cubic feet of water
per second of time during the summer months and 2.5 cubic feet

of water per second of time during the ~inter months are hereby
awarded for the purpose of maintaining 3 minimum stream flow
as required to preserve the natural environment to a reasonable
degree on the South Fork Williams Fork River between the begin-
ning and end points as described in Paragraph 5 above, with appro-
priation date of the 18th day of May, 1979, absolutely and un-
conditionally; subject, however, to the following stipulated

agreement;

Applicant's rights are 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.

Applicant shall apply for any special use permits or
rights-of~waYJ as the case may be, if the same are
required by law for the use of public resources con-
templated by the subject application and shall abide
by the conditions set forth therein;

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

a.

b.

integration and tabulation by the Division Engineer of such
priorities and changes of rights in accordance with law; and
provided further that 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 purpose of administering this water right in priority
as required by law.

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