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<br />- <br /> <br />c <br /> <br />'- <br />'. <br /> <br />.' <br /> <br />80CW314 <br /> <br />" <br />,<~ <br />,':J rt; <br />",\,1" <br />v f::l' <br />"'.f' <br /> <br />B. The amount of water claimed is: 10.0 cubic feet of water per <br />second of time during the Summer months and 6.0 cubic feet of water <br />per second of time during the Winter months. <br /> <br />9. The water was first applied to the above beneficial use on <br />May 7, 1980 by action of the Colorado Water Conservation Board under <br />~ the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10). <br /> <br />10. This 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 />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 10.0 cubic feet of water per <br /> <br />second of time from May 1 through September 30, and 6.0 cubic feet <br /> <br />of water per second of time from October 1 through April ~O, are <br /> <br />hereby awarded for the purpose of maintaining a minimum stream flow <br /> <br />as required to preserve the natural environment to a reasonable <br /> <br />degree on Elk Creek between the beginning and end points as described <br />in paragraph 5 above, with appropriation date of the 7th day of May, <br />1980, absolutely and unconditionallYi subject, however, to all earlier <br /> <br />priority rights of others and to the integration and tabulation by <br />the Division Engineer of such priorities and changes. of rights in <br />accordance with law, and provided further that the applicant herein <br /> <br />will construct and maintain at its expense a suitable measuring device <br />or guaging station as approved by the State Engineer or his represent- <br />ative for the purpose of administering this water right in priority <br /> <br />as required by law. <br />It is accordingly ORDEP~D that this ruling shall be filed with <br />the Water Clerk and shall become effective upon such filing, subject <br />to Judicial review pursuant to Section 37-92-304 C,R.S. 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Srpings, Colorado, this <br /> <br />" <br />" <br /> <br />/f~ day of ~e-HoI'f~ <br /> <br />, 1980. <br /> <br />'-- \ <br />-', <br />" :2, <br />" """ <br /> <br />BY THE REFEREE: <br /> <br />c:-,;, (':-.. <br /> <br />~ <br />~ ~~~~~~~n No. 5 <br /> <br />State of Colorado <br /> <br />h:''',',,- '~. <br />~;-(:-fiO,"___ rjJJHf! <br />c::SJ ~-, i~- <br />