ISFAPP01409

• Case Number: 78W3793
• Stream Name: Cross Creek
• Watershed: Eagle River
• Water Division: 5
• Water District: 37
• County: Eagle
• Instream Flow App - Doc Type: Final Decree/Stipulations

~. Dpscrintion of hp(!;~~:~" ~nd on~ ~~;nts of mini-
munl streaUI flo~ claimed: the natural stream channel from con-
fluence with West Cross Creek at lat 39 deg 26'05" N, long
106 dey 30'46" W as the upstream terminus and confluence
East Cross Creek at lat 39 deg 29"541' N, long 106 deg 28'43"
w as the downstredm terminus.

6.
mum stream
env ironment

The use of the water is
flows as are required to
to a reasonable degree.

to appropriate such mini-
preserve the natural

7.
12, 1976.

The date of initiation of .appropriation is May

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

10 cubic feet

9. The water was first applied to the above benefi-
cial use on ""ay 12, 1978 by action of the Colorado water Con-
servation 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, si'::)ned into law, April 23,1973..

11. Statements of opposition were timely filed by
tne Co10rado River water Conservation District and the United
States of America and as a result, on 5eJ?..I,-,j-(8e" .z~
__1-1_2.&___________, the appl ication was rereferredpO' the
water judge for Water Division No.5.

12. The statementl of opposition of the Colorado t!',1I11C.
Water Conservation District w~~ subsequently withdrawn and
the statement of opposition of the United States of America
was withdrawn by stipulation, the pertinent parts of which
are included in. this rul ing of the referee. As a result,
the appl ication has again been referred to the water referee
by the ~ater judge for Water Division No.5.

The referee does therefore conclude that the above-entitled

application Should be granted and that 10 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 Cross

Creek between the beginning and end points as described in

paragra~h 5 above, with an appropriation date of May 12,

1978, absolutely and unconditionally; subject, however, to

the following stipulated agreement:

a. Applicant's rights are subject to all senior
rights of tne United States of America in the subject source,
including properly decreed reserved rights, 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, if the sa:,1e are requ i ,~<...r.

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