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<br /> <br />""r;' <br /> <br />~""'-~' <br />""'">~'fR;;C":,",;;.ll:. <br />. ..~...., ~ . ~--, , <br />, <br />, <br /> <br />..,...... <br /> <br />10. <br /> <br />This appropriation to maintain minimum stream flow is made under <br />the provisions of Section 148-21-3(6), (1); and (10) as amended by <br />Senate Bill 97, signed into law April 23~ 1973. <br /> <br />11. <br /> <br />On September 28, 1973, the Colorado River Water Conservation Distr~ct <br />filed, in Water Court for Water Division NO.5, a Statement of <br />Opposition to this application in which it is. stated, The Colorado <br />River Conservation District has no objection to the granting of the <br />application for water rights on the condition. however. that as a <br />part of the Ruling of the Referee and the Decree of the Water Court a <br />Finding is made and an Order entered that the Congress of the United <br />St~tes of America in authorizing the construction of the Fryingpan-.. <br />Arkansas project (76 Stat. 389) specifically directed the operation <br />of the project in accordance with certain Operating Principles <br />appearing as House Document No. 130, 87th Congo 1st Sess., and that <br />the Ruling and Decree are not intended to be, nor shall it be <br />construed as, an amendment, variation, abrogation or construction <br />of such Operating Principles. <br /> <br />~ <br /> <br />The Referee does therefore conclude that the above-entitled application <br /> <br />should he granted, and. that 1. 0 cubic foot ot water per second of time during the <br /> <br />period from April 1 to September 30; and 0.5 cubic foot of water per second of <br /> <br />time during the period from October 1 to March 31, is hereby awarded to the <br /> <br />Upper Fryingpan River from a point immediately below the collection system of <br /> <br />the FrYin9Pan-Arkansa~ Project to the point of confluence with Cunningham Creek, <br /> <br />for the purpose of maintaining such minimum flows in the stream bed as are <br /> <br />required to preserve the natural envi!onment to a reasonable degree, with appropria- <br /> <br />tion date of the 12th day of July, 1973, absolutely and unconditionally; subject, <br /> <br />however, to all earlier priority rights of others in accordance with law, and also <br /> <br />subject to the Operating Principles of the Fryingpan-Arkansas Project. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with the Water <br /> <br />Clerk and shall become effective upon such filing, sUbject to judicial review <br /> <br />pursuant to Section 148-21-20 CRS 1963 as am~ded (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with <br /> <br />the appropriate Oivision Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this / ~ ~ <br /> <br />day of Ah1,/PNI.B;U <br /> <br />, 1973. <br /> <br />BY THE REFEREE: <br /> <br />!;Q ~=t ':Os tiled in thts Irattor. <br />The foregoing ruling is confir~ed <br />. and approved, and is made the <br />Jud~ent and Decree ot this court. <br /> <br />Dated; 'M: <br /> <br />~e; AR':f~-t; <br /> <br />Water Division No. 5 <br />State of Colorado <br /> <br /> <br />li'ateT Judgo <br />