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<br />~ 80C"1l20 <br /> <br />) <br />l <br /> <br />11. On July 16, 1980~ a Statement of Oppositiot:l was filed by <br />the United States of Amerlca. <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />United States of America was effectively withdrawn as a result of <br />Stipulation between the parties invol~ed, the pertinent parts of <br />which are included in this Ruling of Referee. <br /> <br />The Referee does therefore concl~de that the above entitled <br /> <br />application should be granted and that 35.0 cubic feet of water per <br /> <br />" <br /> <br />second of time are bereby aW.J.nlcd for the purpose of maintaining <br />a minimum stream flow as required to preserve the natural environment <br /> <br />to a reasonable degree on the Crystal River, between the beginning <br /> <br />and end points as described in paragraph 5 above, with appropriation <br /> <br />date of the 17th day of Harch, 1980, absolutely and unconditionally; <br /> <br />subject, however, to the following stipulated agreement; <br /> <br />a. Applicant's rights arc subject to all se~ior rights of the <br />United States of America in the subject source, including properly decreed <br />reserved rights, as are now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights-of- <br />way, as the case may.be, if the same are required by law for the use of <br />public resourc~s cUlItcl11platcd uy Uw subject ilPpliciltion ilnd shall <br />abide by the conditions set forth therein; <br /> <br />and slluject to all o~rJier pricJrity rights of others and to the <br /> <br />integration ond t<Jbuliltion by the Division Engineer of such ?riorities <br /> <br />and chullges of rights in accordance with law'; and provided further that <br /> <br />the applicilJlt hereill will construct and maintain at its expense a <br /> <br />suitable mcasurillg device or gauging.station as approved by the State <br /> <br />Engineer or }lis representative [or 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 filed with <br /> <br />the Water ~lerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 ens 1973. <br /> <br />It is further ORDERED tllDt a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer und the State Engineer. <br />//t!!!.. <br /> <br />day <br /> <br />of &e.~4' 1981. <br /> <br />Done at the City of Glenwood Springs, Colorado, tr"s <br /> <br /> <br />BY 'rIll': HEFEREE. <br />1 <br /> <br />.....~ <br /> <br />r'l~~,/t ,d;i;ll <br />1'_, ,_ /?' . <br />- '," ~ <br />",,/ '. il <br />. "j \- "', v <br /> <br />~e~e <br /> <br />~~ ~~vlSlon~No. 5 <br />State of Colorado <br /> <br />RECEIVED <br />MAR 2 71981 <br />-1!I.l<ltllll:EJ <br />.n ENGJNt~It' <br />"""" <br /> <br />-2- <br />