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<br />, <br /> <br />7. The date of initiation of appropriation is Sep- <br />tember 23, 1911. <br /> <br />B. The amount of water claimed is: <br />of water per second of time. <br /> <br />2 cubic feet <br /> <br />9. The water was first appl ied to the above benefi- <br />cial use on September 23, 1917 by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1913. 37-n-l02(3)o 37-92-103(31' (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1913, 37-n-l02(3), 37-n-l03(3)o (4) and (10). <br />known as Senate bill 97, signed into law, April 23. 1913. <br /> <br />Lt. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, ....",_.#Ilr..~"........ <br />-.-----.-- K~ \" u:wy_ - .. and the Un i ted States of <br />America and as a result, on ___~-!~_~~~_~~~______, <br />the appl ication was rereferred~the water judge for Water <br />Division No.5. <br /> <br />12. The statement. of opposition of the Colorado ~'tJlI" <br />Water Conservation District _.....~ .bInlr.......J <br />~~~_. ~ w't~ subsequently withdrawn and the statement <br />of opposition of the United States of America was withdrawn <br />by stipulation, the pertinent parts of whiCh are included <br />in this ruling of the referee. As a result, the application <br />has again been referred to the water referee by the water <br />judge for Water Division NO.5. <br /> <br />lhe referee does therefore conclude that the above-entitled <br />appl icatian should be granted and that 2 cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Little <br />Rock Creek between the beginning and end points as described <br />in paragraph 5 above, with an appropriation date of September <br />23, 1911, absolutely and unconditionally; subject, however, <br />to the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />including properly decreed reserved rights, as are now or <br />will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits <br />or rights-of-way, as the case may be, if the same are required <br />bV law for the use of publ ic resources contemplated by the <br />subject appl ication and shall abide by the conditions set <br />forth thereini and subject to all earl ier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the appl icant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing thi s water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this rul ing shall be <br />filed with the water clerk and shall become effective upon <br />such filing, subject to judicial reviewJto C.R.S. 1973, <br />37-92-304. AltR:W~..rr <br /> <br />It is further ORDERED that a copy of this ruling shall <br />be filed with the appropriate division engineer and the <br /> <br />-2- <br />