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<br /> <br />-;.,....,:,. <br /> <br />> -~-...,' <br /> <br />'., " <br /> <br />',..,':1.,: <br /> <br />~-;:,.,.~,. <br /> <br />~..:' <br /> <br />._,.'~.,..( <br /> <br />"_\-::~'''':\''~'~ <br />. <br /> <br />'during the period from April 1 to September 30; and 0.5 cubic <br />foot per second of time during the period from October 1 to <br />March 31. <br /> <br />10. This appropriation to maintain minimum stream flow is made under <br />the provisions of Section 148-21-3(6), (7), and (10) as amended <br />by Senate Bill 97, signed into law April 23. 1973. <br /> <br />11. On September 28, 1973, the Colorado River Water.Conservation <br />District filed, in Water Court for Water Division No.5, a Statement <br />of Opposition to this application in which it is stated: The <br />Colorado River Conservation Oistrict has no objection to the <br />granting of the application for water rights on the condition, <br />however, that as a part of the Ruling of the Referee and the <br />Decree of the Water Court a Finding is made and an Order entered. <br />that the Congress of the United States of America in authorizing <br />the construction of the Fryingpan-Arkansas Project (76 stat. 389) <br />specifically directed the operation of the project in accordance <br />with certain Operating Principles appearing as House Document <br />No. 130, 87th Cong. 1st Sess., and that the Ruling and Decree are <br />not intended to be, nor shall it be construed as, an amendment, <br />variation, abrogation or construction of such Operating Principles. <br /> <br />The Referee does therefore conclude that the above-entitled application <br /> <br />should be granted, and' that LO cubic foot of water per second of time during <br /> <br />the period fro~ April 1 to September 30; and 0.5 cubic foot, of water per second <br /> <br />of ~me during the period from October 1 to March 31, is hereby awarded to <br /> <br />North Cunningham Creek from a point immediately below the collection system of <br /> <br />the Fryingpan-Arkansas project to the point of confluence with the North Fork <br /> <br />of the Fryingpan River, for the purpose of maintaining such minimum flows in the <br /> <br />stream bed as are required to preserve the natural environment to a ~easonable <br /> <br />degree, with appropriation date of the 12th day of July, 1973, absolutely and <br /> <br />unconditionally; subject, however, to all earlier priority rights of others in <br /> <br />accordance with law, and also Subject to the Operating Principles of the Frying- <br /> <br />pan-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 amended (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with <br /> <br />the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this /7 Ii <br /> <br />day of <br /> <br />AltJ,h=M.8c/e. <br /> <br />, 1973. <br /> <br />No prote::;t 'nlS filed tn thi,S Clatter. <br />The tore~oing rulin~ is c~nfiro~d <br />and approved, and is made the <br />Decree ot this oourt. <br /> <br />BY THE REFEREE: <br /> <br /> <br />141 c.} <br /> <br />~~/, <br />er Referee <br />Water Division No. 5 <br />State of Colorado <br /> <br />-' <br />