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<br />79CW180 <br /> <br />B. The amount of water claimed is: 25.0 cubic feet of water <br />per second of time during the summer months and 13.0 cubic feet of <br />water per second of time during the winter months. <br /> <br />9. The water was first applied to the above beneficial use on <br />May 18, 1979, by action of the Colorado Water Conservation Board under <br />the provisions of C.R.S, ,1973, 37-92-102(3), 37-92-103(3), (4) and <br />(10) , <br /> <br />10. This appropriation is made under the provisions of C.R.S. <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate Bill <br />97, signed into law April 23, 1973. <br /> <br />11. A statement of bpposition was timely filed by the United <br />States of America, and as a result, on October 31, 1979, the <br />application was re-referred by the Water Referee to the Water Judge <br />for Water Division No.5. <br /> <br />12. On October 16, 1979, 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united States of America was effectively withdrawn as a result of 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. As a result, the <br />application has been again referred to the Water Referee by the Water <br />Judge for Water Division No.5. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 25.0 cubic feet of water per <br /> <br />second of time during the summer months and 13.0 cubic feet of water <br /> <br />per second of time during the winter months are hereby awarded for <br /> <br />the purpose of maintaining a minimum stream flow as required to <br /> <br />preserve the natural environment to a reasonable degree on the Williams <br /> <br />Fork River, between the beginning and end points as described in <br /> <br />paragraph 5 above, with appropriation date of the 18th day of May, <br /> <br />1979, absolutely and unconditionally; subject, however, to the <br /> <br />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 <br />properly decreed reserved rights, as are now or will here- <br />after be determined by law. <br />b. Applicant shall apply for any special use permits or rights- <br />of-way, as the case may be if the same are required by law <br />for the use of public resources contemplated by the subject <br />application and shall abide by the conditions set forth <br />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 /> <br />and changes of rights in accordance with law; and provided further <br />that the applicant herein will construct and maintain at its expense <br /> <br />a suitable measuring device or gauging station as approved by the <br />