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<br />. <br /> <br />6. That the Water Judge remanded the case to the under- <br /> <br /> <br />signed l~ater Referee and directed that the terms of the afore- <br /> <br /> <br />said Stipulation be incorporated into. the ruling to be made by <br /> <br /> <br />the said Referee. <br /> <br />7. That Applicant is entitled to the award hereinafter <br />to be made. <br /> <br />IT IS, THEREFORE, ORDERED AS FOLL01~S: That Appli- <br /> <br />cant be, and "is hereby, awarded an absolute surface water <br /> <br />right, to-wit: <br /> <br />NA,'iE A)1Jl ADDRESS: . Colorado l~ater Conservation Board <br />1313 Sherman Street, 8th Floor <br />Denver, Colorado 80203 <br /> <br />WATER RIGHT <br /> <br />NMlE OF STREAH: Three Elk Creek. <br /> <br />LOCATION OF POINT OF DIVERSION: Legal description of beginning <br />and end pOlnts at mInImum stream flow claimed: The natural <br />stream channel from head\\'aters in 'Vicinity lat 38 deg 54'14" <br />north, long 105 deg 17'15" west as the upstream terminus and <br />confluence Arkansas River in 5\'//4 NE/4 Section 25, Township 13 <br />South, RanGe 79 l~est, 6th P.r.I. as the UowJl.5trcaI7l terminus, <br />being a Jistance of approximately 7.1 mileS. This segment can <br />be 10cateu on the Ht. Harvard (IS'), Buena Vista (15') U.S.G.S. <br />quadrangle. <br /> <br />SOURCE OF WATER: Strea", as described. <br /> <br />PRIOJUTY DATE: Hay 7, 1980, provided, hOl,ever that this rir,ht <br />shall be JunIor to all priorities awarded in cases filed prior <br />to 1980 and otherwise junior as provided in C_R.S. 1973, 37-92- <br />306. <br /> <br />M-IOu~n OF l1A';ER: 4.0 c.Ls. <br /> <br />USE OF WATEn: To insure the preservation of a r.l.lnlrnum strcnm <br />level to protect the natural environment to a reasonable degree. <br /> <br />IT IS FURTIIER ORDERED That the following paragraphs <br /> <br />from the Stipulation as filed shall apply to this case: <br /> <br />(a) <br /> <br />Applicant' 5 rights are subj ect to all such rights <br />of the United States of America in th~ subject <br />source, including reserved rights, as are nON' or <br />will hereafter be determined by law to be senior. <br /> <br />(b) <br /> <br />Applicant shall apply for any special llse permits <br />or rigtlts-of-waYJ as tlle case may be, if tIle same <br />,arc required by 1U\1 for the use of pul)lic resources <br />contemplated by the subject application and shall <br />abide by the conditions set forth therein. <br /> <br />Page 2, Ruling of Referee 80CW71 <br />