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<br />BOC.1l20 <br /> <br />11. On July 16, 19Bo., , a St.atement of Opposition was filed 'by <br />cue lmi tea. States at Amer"fca'~~ <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United states of America was effectively withdrawn as a result of 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 involved, the pertinent parts of <br />which are included in this Ruling of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 35.0 cubic feet of water per <br /> <br />second of time are hereby awarded for the pU~pose of maintaining <br /> <br />a minimum stream flow as required to preserv~ 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, absolutE:!;ly and unconditionally; <br /> <br />subject, however, to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of the <br />united states of America in the subject source, including properly decreed <br />reserved rights, as are now or will hereafte~ 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 resources contemplated by the subject application and shall <br />abide by the conditions set forth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br />and changes of rights in accordance with lawi and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by the State <br /> <br />Engineer 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 filed with <br /> <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br /> <br />to Judicial review pursuant to Section 37-92~304 CRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer.. <br />Done at the City of Glenwood Springs, COlorado, this //~ <br />day of k(!!etJ,IJ.f! j , 19B1. <br /> <br />BY TIlE REFEREE: <br /> <br />~__.,u <br />W er Ref eree <br />ter Di~ision No. 5 <br />state of Colorado <br /> <br />-2- <br /> <br />- <br />