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<br />BOCW129
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<br />to a reasonable degree.
<br />
<br />7. The date of initiation of appropriation is March 17, 1980.
<br />
<br />8. The amount of water claimed is: 17.0 cubic feet of water
<br />per second of time.
<br />
<br />9. The water was first applied to the above beneficial use
<br />on March 17, 1980, by action of the Colorado Water Conservation
<br />Board under the provisions of C,R,S, 1973. 37-92-102(3),
<br />37-92-103(3), (4) and (10).
<br />
<br />10. The appropriation is made under the provisions of
<br />C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as
<br />Senate Bill 97, signed into law April 23, 1973.
<br />
<br />11. Statements of Opposition were timely filed by Freeport
<br />Exploration Company, by Asarca, Incorporated, by the United States
<br />of America. and as a result, on August 29, 1980, the application
<br />was re-referred by the Hater Referee to the \'later Judge for Water
<br />Division NO.5.
<br />
<br />12. The Statements of Opposition of Freeport Exploration
<br />Company, and of Asarco, Incorporated, were subsequently withdrawn,
<br />and the Statement of Opposition of the United States of America was
<br />withdrawn by stipulation, the pertinent parts of which are included
<br />in this Ruling of Referee. As a result, the application has been
<br />again referred to the Water Referee by the Water Judge for Water
<br />Division NO. S.
<br />
<br />13. The Ruling of Referee dated October 7, 1981, is superceed-
<br />ed by this Amended Ruling of Referee.
<br />
<br />The Referee does therefore conclude that the above entitled
<br />
<br />application should be granted and that 17.0 cubic feet of water
<br />
<br />per second of time are hereby awarded for the purpose of maintain-
<br />
<br />ing a minimum stream flow as required to preserve the natural
<br />
<br />environment to a reasonable degree on South Fork Crystal River
<br />
<br />between the beginning and end points as described in paragraph 5
<br />
<br />above, with appropriation date of the 17th day of March, 1980,
<br />
<br />absolutely and unconditionallYi subject, however, to the following
<br />
<br />stipulated agreement:
<br />
<br />(a) Applicant's rights are subject to all senior rights of
<br />the united States of America in the subject source, inClUding
<br />properly decreed reserved rights, as are now or will hereafter be
<br />determined by law.
<br />
<br />(b) ~pplicant shall apply for. any special USe pe~its or
<br />rights-af-way, as t~e case may be, ~f the same are regured by law
<br />for the U8~ of publ~c rc~o~rccs conte~platcd by the sub. t
<br />application and .h~ll abldc by ~c conditions set forthJ~~crein
<br />
<br />.nd aublOCl to all oarlior prlorltv r1'J"o !
<br />~ Il~ 0 others and t~c
<br />
<br />lft'..r.\~~ aad t&bv'."o~ by ~~ D~vl"-n ~_
<br />..... Lfi91n~or of .uch
<br />
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