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<br />tember 23, 1917. <br /> <br />8. The amount of water claimed is: 2 cubic feet <br />of water per second of time. <br /> <br />9. The water was first applied to the above benefi- <br />cial use on September 23. 1917 by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1973. 37-92-102(3). 31-92-103(3). (4) a"d (101. <br /> <br />10. Tnis appropriation is made under the provisions <br />of C.R.S'~' 1973. 31-92-102(3). 31-92-103(3). (4) and (10). <br />known as Senate bill 97, signed into law. April 23, 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park Water Conservancy District. and the United States of <br />America and as a result. on ~~ArC~_~~_J'~~~_______. <br />the app1 ication was rereferred '1'0 the water judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~V~~ <br />Water Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <br />of opposition of the United States of America was withdr~wn <br />by stipulation, the pertinent parts of which are included <br />in this rul ing of the referee. As a result, the appl ication <br />has again been 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 />application should be granted and that 2 CUbic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Farnham <br />Creek between the beginning and end points as described in <br />paragraph 5 above. with an appropriation date_of September <br />23, 1977. absolutely and unconditionally; subject. however. <br />to the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />including properly decreed reserved rights, as are now or <br />wi 11 nereafter be determi ned by law. <br /> <br />b. Applicant Shall apply for any special use permits <br />or rights-of-way, as the case may be. if the same are required <br />by law for the use of publ ic resources contemplated by the <br />subject app1 ication and shall abide by the conditions set <br />forth thereinj and subject to all earlier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the applicant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and shall b~cpme effective upon <br />suc.h fil ing. subject to judicial revie~to C.R.S. 1973, <br />37-92-304. PV~~~ <br /> <br />It is further ORDERED that a copy of this "rul ing Shall <br />be filed with the appropriate divisi6n engirieer nod t~~ <br />state engineer. <br /> <br />-2- <br />