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<br />r <br /> <br />W-3704 <br /> <br />7. The date of initiation of appropriation is <br />January 19, 1978. <br /> <br />8. The amount of water claimed is 70.0 cubic feet <br />of water per second of time. <br /> <br />9.. The water was first applied to the above <br />beneficial use on January 19,1978, by"action of the Colorado. <br />Water Conservation Board under the provisions of C.R.S. <br />1973, 37-92-102 (3), 37-92-103 (3), (4) and (10). <br /> <br />10. This appropriation is made under the provision~ <br />of C.R~S. 1913, 37-92-102(3), 37-92-103(3), (4) and (10), <br />. known as Senate Bill 97, .signed into law April 23, 1973. <br /> <br />11.' On April 28, 1978, .a statement. of opposition <br />was filed by the Colorado River Water Conservation District, <br />and as a result, on June 3D, 1978, the application was re-. <br />referred by the Water Referee to the Water Judge for Water <br />Division No.5. <br /> <br />12. On December 28, 1979, the statement of <br />opposition was withdrawn, and on January 29, 1980, the <br />application was again referred to the water Referee by the <br />Water Judge for Water Division No.5. <br /> <br />The Referee does therefore conclude that the above <br /> <br />.entitled application should be granted and.that 70.0 cubic <br /> <br />feet of water per second of time are he~eby awarded for the <br /> <br />purpose of maintaining- a minimum streffin flow as reqqired to <br /> <br />preserve the natural environment to a r~asonable degree on <br /> <br />the North Fork of the White River between the beginning and <br /> <br />end points as de~cribed in pa~agraph 5 above, with appropriation <br /> <br />date of the 19th day of January, 1978, absolutely and <br /> <br />unconditionally; subject, however, to all earlier priority <br /> <br />rights of others and to the integration and tabulation by <br /> <br />the Division Engineer of such priorities and changes of <br /> <br />rights in accordance with law, and provided. further that the <br /> <br />applicant herein will construct and maintain at its expense <br /> <br />a suitable measuring device or gauging stati~n as approved. <br />by the State Engineer or his representative. for t~e purpose <br /> <br />of administering this water right in priority as required by <br /> <br />~~w. <br /> <br />f <br /> <br />It is accordingly ORDERED that this ruling shall be <br /> <br />filed with the Water Clerk and shall become effective upon <br /> <br />-2- <br />