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5. Description of beginning and end points of mini- mum stream flow claimed: the natural stream channel from con- fluence with West Marvine Creek in see 25. TiN R90W of the ~th PM as the upstream terminus and confluence with the North Fork White Ri~er at lat 40 deg 02'3611 N. long 101 deg 29'2411 W as the downstream terminus. 6. The use,of the water is to appropriate such mini- mum stream flows as'are required to preserve.the natural environment to a reasonable degree. 7. The date of initiation of appropriation is Novem- ber 15, 1971. 8. The amount of water claimed is: 40 cubic feet of water per second' of time. 9. The wattH was first applied to the above benefi- cial use on November 15, 1917 by action of the Colorado Water Conservation Board under the provisions of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10). Iv. This appropriation is made under the provisions of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10). known as Senate bill 97, siyned into law, April 23. 1913. 11. Statements of opposition were timely filed by the Colorado River Water Conservation District and the United States of America <3nd as a result. on 12lf!R~~_Z~ ___(!_?~__________, the application was rereferred ~ the ~ater judye for Water Division No.5. 12. The statement,f' of opposi tion of the ColoradO 1t',1I." Water Conservation District w~~ subsequently withdrawn and the statement of opposition of the United States of America ~as withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee. As a result, the appl ication has; again been referred to the water referee by the wnter judge for Water Division No.5. The referee dbes therefore conclude that the above-entitled application should be granted and that 40 cubic feet of water per second of time are hereby awarded for the purpose of mnintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Marvine Creek between the beginning and end points as described in paragraph 5 above. with an appropriation date of November 15, 1911. absolutely and unconditionallyi subject, however. to the following stipulated agreement: a. Applicant's rights are subject to all senior rights of the Uni teu States of America in the subject source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits or r igtlts-of-way, as the case may be, if the same are requi red -2-