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<br />" <br /> <br />Iv-2941 <br /> <br />rr(~..9A'''flli\''1 <br />I::__ .:,:..._--,.,--.,;::':"'~~'ijJ:~.'c:;,'"2~}1.ti;-':::i':~r'"S-'4jj~~:'=~-W,;\:~f'.;;;1:B!;',4O.t~Wft.~~/tt~~l)i:q'~~.Q"".t!1j~;;r~~?;~~~F <br />~~f~?~~t~.;~~~~~~~m~tZ;#:-\Sb~~~~~~~~t~:;')?~=-"<}5-J~J' f -{. -,)-" -",~J~_j_ f:/,i;~o:.0'~ <br />':,. --.::- -' ~->---, <br /> <br />9. The water, was first applied to the above <br />beneficial use on January 14, 1976, by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1973, 37-92-102 (3), 37-92-103 (3), (4) and (10). <br /> <br />10. This appropriation is mpde under the provisions <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), <br />knovm as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. On July 30, 19761 a statement'of opposition <br />was filed.by The Colorado River Water Conservation District, <br />and as a resu~t, on August 10, 1976, the application was re- <br />referred by the Water Referee to the Water Judge for Water <br />Division No.5. <br /> <br />12. 'On December 28, 1979, the statement of <br />opposition was withdrawn, and on January 29, 1980, the <br />application was again referred to the Water Referee by the <br />.tvater Judge for ~'later Division No.5. <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be granted and that 10.0 cubic <br /> <br />feet of water per second of time are hereby awarded for the <br /> <br />purpose of maintaining a minimum stream flow as required to <br /> <br />preserve the natural environment to a reasonable degree on <br /> <br />Capitol Creek between the beginning and end p'oints as <br /> <br />described in paragraph 5 above, w~tp appropriation date of <br />the 14th day of January, ~976,'absolute1y and unconditionally; <br /> <br />subje~~, however, to all earlier priority ,rights of others <br />and to the integration and tabulation by the D~vision Engineer <br /> <br />of such priorities and changes of rights in accordance with <br /> <br />law, and provided further that the applicant herein will <br /> <br />construct arid main"t:ain at,.its expense a suitable measuring <br /> <br />device or gauging station as appro~ed by the.State Engineer <br /> <br />or his representative for the purpose of administering this <br /> <br />water right in priority as required by' law.. <br /> <br />It is accordingly ORDERED that this ruling shall be <br /> <br />'filed with the Water Clerk and shall become effective upon <br /> <br />-2- <br /> <br />. ,.,,-.,.' ~ <br />