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<br />"}, <br /> <br />STATE OF COLORADO <br /> <br />~ fJ;!1zdt: / <br />/ / CCJ- ~H! CLERK <br /> <br />Case No. W-2806 <br /> <br />BY.--_.._........-.-_..._...--jj'fjiUTY..... <br /> <br />IN THE MATTER OF THE <br />APPLICATION FOR WATER <br />RIGHTS OF COI,ORADO <br />WATER CONSERVATION BOARD, <br />IN THE GUNNISON RIVER OR <br />ITS TRIBUTARIES; <br />TRIBUTARY INVOLVED: <br />MIRROR LAKE .. GUNNISON COUNTY. <br /> <br />) <br />) <br />) <br />) PROTEST TO RULING OF WATER REFEREE <br />) AND FINDING OF FACT <br />) <br />) <br />) <br />) <br />) <br /> <br />COMES NOW the United States of America, by its attorney, and <br /> <br />respectfully protests the Ruling and Finding of Fact of the Water Referee <br /> <br />entered herein on July 19, 1977. <br /> <br />This application violates the water interests of the United States <br /> <br />of America appurtenant to reserved lands under the doctrine of reserved <br /> <br />rights, including, but not by way of limitation, all of such interests <br /> <br />on the Gunnison National Forest enumerated in the applications currently <br /> <br />being adjudicated in this Water Division under Case No. W-433. Unless <br /> <br />restricted the rights prayed for in .the instant application will impair, <br /> <br />inter alia, Federal rights to such quantities of water as are reasonably <br /> <br /> <br />necessary to sustain the National Forest, including instream flows <br /> <br />for domestic, recreational (including scenic values), fisheries, stock- <br /> <br />water and riparian ecosystem maintenance. <br /> <br />Protestant respectfully requests that the following suggested <br />conditions be included in any ruling or decr~e, as stipulated to, arising <br /> <br />out of this Application in order to insure the continuing security of all <br /> <br />such rights: <br /> <br />(a) Applicant's righ~s ate subject to all senior rights of the <br />United States of Affierlca lD the subject source, including reserv~d <br />rights, as are now or will hereafter be determined by law. <br />(b) Within one year from the date on which the decree herein <br />becomes final, Applicant agrees to apply for any special use permits~ <br />or rights of way, as the case may be, if the same are required by <br />law for the use of public resources contemplated by the subject <br />application and shall abide by the conditions set forth therein. <br /> <br />Respectfully submitted, <br />JOSEPH F. DOLAN <br />UNITED STATES ATTORNEY <br /> <br />By f/zr..,A >m~VA/ ;;nT <br />HANK MESIIORER (Reg. No. 6977) <br />Trial Attorney <br />Department of Justice <br />Land and Natural Resources Division <br />Post Office Box 1656 <br />Denver, Colorado 80201 (837-4961) <br />