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<br />~ 79CW190 <br /> <br />.R 2 7 1981 <br /> <br />", <br /> <br />_'''''lIRlll!lI <br />11. II Statement of I!lffp,g<~'l'&on was. timely filed by the United S-tates <br />of America, and as a resui~~o'on Octobe~ 31, 1979, the application was <br />re-referred by th~ Water Referee to the Water Judge for Water Div. 5. <br /> <br />12. On October 16, 1979, the Statement of Opposition of the United <br />States of America was effectively withdrawn as a result of Stipulation .- <br />between the parties involved, the pertient parts of which are included, . <br />in this Ruling of Referee. 1\s cJ result:,' the application has been again' <br />referred to the ~'I'ater Referee by the Water Judge for Water Div. No.5." <br /> <br />13. On October 24, 1979, an Entry of Appearance was filed by the <br />city of Aspen, Colorado and the Piktin County Board of Commissioners <br />in support of the application. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 16.0 cubic feet of water per <br /> <br />second of time are hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environment to <br /> <br />a reasonable degree on Hunter Creek, between the beginning and end points <br /> <br />as described in paragraph 5 il.bove, with appropriation date of the 31st <br /> <br />day of January, 1979, absolutely and unconditionallYi subject, however, <br /> <br />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, DS arc 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 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 law; 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 />water right in priority as required by la\<l. <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 />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 />// j/. <br /> <br />Done at the City of Glenwood Springs, Colorado, this <br /> <br />day of h-~Lt/AII!+--' 1981. <br /> <br />BY TilE REFEREE: <br /> <br />__ cf/'Iii"'-~'tdl/ <br />.. .--~/~ <br />') , <br /> <br />\~tWU <br />~ t1!r Referee <br />'Water Division No. 5 <br />State of Colorado <br /> <br />-2- <br />