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<br />5. Description of beginning and end pOtnts of mini- <br />mum stream flow cl aimed; the natural stream channel from <br />headwateys in vicinity of lat 40 deg 17'00" N, long 106 deg <br />01'04" W as the upstream terminus and confluence Willow <br />Creek at 1at 40 deg 18'42" N, lony 106 deg 02155" W as the <br />dOwnstream terminus. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is May <br />12, 1978. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic f.,t <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board und~r the provisions of C.R.S. 1973, <br />31-92-102(3). 37-92-103(3). (41 and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973. 37-92-102(3), 37-92-103(3). (4) and (10), <br />known as Senate bill 97, signed into law, April 23, 1973._ <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park Water Conservancy Oistr~t and the United States of <br />Amer;ca and as a result. on ~~~At~__~~-lI~~____, <br />the app 1 i cat i on was rereferred ~ the water judge for Water <br />OJ vis i on No.5_ <br /> <br />12. The statements of opposition of the Colorado R".,.,., <br />Wat~r Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <br />of opposition of the United States of America was withdrawn <br />by stipul~tion, 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 />The referee does therefore conclude that the above-entitled <br /> <br />appl ic.ation should be granted and that 1 cubic. f..-t of water <br />IS <br />per second of time ~ hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Elk Creek <br /> <br />between the beginning and end points as described in para- <br /> <br />graph S above, with an appropriation date of May 12, 1976, <br /> <br />absolutely and unconditionally; subject, however, to the fol- <br /> <br />lowing stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the Uni ted 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 />-2- <br />