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11. On Janui'lry 21, 1977, a Sta b:~mcnL of Opposition vms filed by the United Sti'ltes of Ame-ricCl, and CIS i'l r02snlt the- anpl:i.cation was rl2-n:ferred to the Wilter ,Tudqe for Ua h~r.' Division Ho. S by the w~ tel:."' Referee on February 28, 1977. 12. On Septemb02r 9, 1977, the follm'linq Stipulation waz filed by the Applicant and the OVJoser: cm,u:: NO'd the Unit.ed States of ^meJ::'ica, by its i1.t'torneys, ;Jnel the Applicant, Colorado Wa l~er Ccnserva tion Board, by and through its a1:torneys, and hereby stipulate und aqree uS follo\"1s: 1.. The inclusion of the following provisions in the Referee's ruling and decree of Court entered thereon will protect the interests of -Lhe United States of America: (a) ^pplicant's rights are suhject to all senior rights of 1.:he United StaLes Or America in the subject source, includinq properly decreed reserved riqhts, as are now or will here- after be determined by law. (b) Applicant sh;)11 apply for any special use permits or rights- of-way, as the case may be, if the same arc required by lavl for the use of public rC$ources contemplated by the subject application Clnd shall uhide by the condi,tions set forth therein. 2. The parties hE~reto consent to the c10.h~rmination of t~his mat{:er by the Referee purSuDnt to applicuble statutes, and consistent with 1:his Stipulu tion. 3. lJpon the iSsu~lnce of the rulinq and entry of iJ: decree thereon consistent with this Stipulation, the opposition of the United States of AmericCl herein shall be deemed to have be~n withdrawn. AS a result of th(~ aqreement and st'ipulation the application was again referred to the Water Referee ror WFlter Division No.5 on September 12, 19'17. The Referee does therefore conclude that the above entitled applica- tion should be gronted and that 10 ocre feet 0:[ Via ter are hereby awarded to Columbine Lake, for the purpose of mainLl.ining a minimum lake level as re- quircd to preserve the ncltural environment to _1 rCusonahle degree, 1Jlith appropriution date of the 17th day of r-1arch, 1976, absolutely and uncon- ditionally-; subject, howc::ver, to all earlier ';>r.i.ority rights of others and to the integration and tabulation by the Division Engineer o:f such priorities and changes of rights in accordance with 12lw, and further subject to the terms and cond:iJtions of the :stipulation as set :forth in paragraph 12 above. It is accordinqly OHOI::;RED {:ha t this ruling shall be filed \,,1 th the ~vater Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-30~ CRS 1973. It is further ORDERED that a copy of thi~; ruling sh<111 be filed \vith the appropriate Division Enqineer and the State r'::ngineer. Done at the Ci-ty of Glenwood Springs, Colorado, t~his 3/ ~ day oT ~~~~t"O" flhl 1, ,c'",~:,7;~,. BY TilE I/F;PEI/EE: The f')l'r'r::)i.J1!~ nl1i"~' j;: '.~!"'\I.l'IH")rl [lIlrl [Ippt'o\"n(l. w~d i" ;'::1,1,_' Uw JudglllonL Dnd Docreo of thIs court. Dated: ;;Iz/7c..f , A' ,I -/'.'p'-- /. ~ /_ ....;V ~~~- ~;ia-EC-r- ~fe.t~ee-'-- Water Jivi:.:;ion No.5, State oT Coloracto