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<br />the w<lter Judge for Water Division No.. 5 by the I:Jater Referee on February .::?8, <br />1977. <br /> <br />I?. On September 9, 1977, the following Stipulation was filed by the <br />Applicnnt ond the Opposer~ <br /> <br />COME; NOW the United States of Amerieo, by its C1ttorneys, and the <br />Applicant, Colorado t.....ater. Conservation Bo~rd, hy and through its attorneys, <br />and hereby st~ipulate and ;.Igroo as :follows: <br /> <br />1. The inclusion of i:he followi.ng provisions in the Referee t 5 rul ing <br />ond decree of court entered thereon will prot:ect the interests of the United <br />States of AmerIca. <br /> <br />(a) ^pplicant~s rights are subject t:o all senior rights of the <br />United States of America in the subject source, including <br />properly decreed reserved r.iqhts, as ;}rc now or \vill here- <br />after be determined by Inw.. <br /> <br />(b) Applicant shall apply for any special use permits or rights- <br />of-way t i1~; the case may be, if the same <-Jre refluired by law <br />for the use of pUblic resources coni:emplai:ed by the subject <br />applicnt:i.on rind shall abide by t:he condi.tions set forth <br />therein. <br /> <br />2. The parties hereto con5ent to the determination of this matter by <br />the Referee pursuant to applicable statutes, ;Jnd consistent with this <br />Stipulation. <br /> <br />3. Upon the issuance of the ruling nnd entry of a decree thereon <br />consistent with this Stipulation, the opposit.i.nn of the United States of <br />America herein shall be dE~emed to have been vlithdrawn. <br /> <br />As a result of the agreement a.nd stipulation the application was again <br />referred to the Wa.ter RefE~ree for Water Division No.5 on September 12,1977. <br /> <br />The Referee does therefore conclude that the above entitled applica- <br /> <br />tion should be granted and that 16 acre feet of water are hereby awarded to <br /> <br />Blue Lake, for the purposE~ of maintaining.] minimum lake level as required <br /> <br />to preserve the natural envirnnment to a rea:'>onable degree, with app.r.opria- <br /> <br />tion dale of the 17th day of March, i976, absolutely and unconditionally; <br /> <br />subject, however, to illl earlier priority riqhts of others -1nd to the intc- <br /> <br />gration and tabulation by the Division Engineer of such priorities and <br /> <br />changes of rights in accordance with law, and further subject to the terms <br /> <br />and conditions of the Stipulation as set forth in parAgrnph 12 above. <br /> <br />It is accordingly ORDERED that thIs ruling shall be filed with the <br /> <br />Water Clerk and shall become effective upon such filing, subject to Judicial <br /> <br />review pursuant to Section 37-92-304 CRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with <br /> <br />the appropriate Division E;ngineer and the StAte 2;ngineer. <br /> <br /> <br />Done at the City of Gl,enwood Springs, Colorado, this .3./~!- di3Y of <br /> <br /> <br />'-0AJ///I~V __. 1978_. <br />f <br /> <br />r~(l prp!.(',,1. \'.'0G ri.l<>o 1" \'>'~, 1""~t..,-. <br />Tho fo!'('(:oil',C; 1'1)1 illf': j" (")'"Jrl1l(1,j <br />HlHl nppr(l\,od, {lJl(] __is 1;''''1'-' tho <br />.1udgnwllt. aWl Uecrnc of tlli~l oOllrt. <br /> <br />BY TilE RF.:FEREE: <br /> <br />DRted: 7~217/1,. <br />., ~ .d;:;;::t= <br />Wo.~ll(]ge <br /> <br />~..~ <br />Wa "00 . eree <br />W . r Oi vision No. 5 <br />sta te of Color;qdo <br />