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<br />W-2946 <br /> <br />7. The date of initiation of appropriation is <br />January 14, 1976. <br /> <br />B. The amount of water claimed is 9.0 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 14, 1976, 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 provisions <br />of C,R,S, 1973, 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 July 3D, 1976. a statement of opposition <br />was filed by The Colorado River Water Conservation District, <br />and as a result, on August 10, 1976, 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opposition was withdrawn, and on February 1, 1980, the <br />application was again referred to the Water Referee by the <br />Water Judge for Water Division No.5. <br /> <br />13. An entry of appearance has been filed in this <br />case by the City of Aspen, Colorado, on January 3, 1977. <br /> <br />The Referee does therefore conclude that the above <br /> <br />entitled application should be granted and that 9.0 cubic <br /> <br />feet of water per second of time are hereby awarded for the <br /> <br />purpose of maintaining a minimum stream flow as required to <br /> <br />preserve the natural environment to a reasonable degree on <br /> <br />Conundrum Creek between the beginning and'end points as <br /> <br />described in paragraph 5 above, with appropriation date of <br /> <br />the 14th day of J~nuary, 1976, absolutely and unconditionally; <br /> <br />sUbject; however, to all earlier priority rights of others <br /> <br />and to the integration and tabulation by the Division Engineer <br /> <br />of such priorities and changes of r~ghts in accordance with <br />law, and provided further that the applicant herein will <br /> <br />construct and maintain at its expense a. suitable measuring <br /> <br />device or gauging station as approved by the State Engineer <br />or his representative for the purpose of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br /> <br />-2- <br />