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<br />s. Description of be9inninn ~~~ g~~ "nint~ of mini- <br />mum stream f10..... claimed: the naturai stream channel from <br />diversion di tch in see 29, T7S R80W, 6th PM as the upstream <br />terminus and confluence ~ith Eagle River in sec IS, T7S <br />RdOw, 6th PM as the downstream terminus. <br /> <br />6. <br />mum stream <br />envi ronment <br /> <br />The use of the water is <br />flows as are required to <br />to a reasonable degree. <br /> <br />to appropriate such <br />preserve the natural <br /> <br />mini- <br /> <br />7. The date of initiation of appropriation is May <br />12, 1978. <br /> <br />8. The :3mount of water claimed is: <br />fDOt of water per second of time. <br /> <br />/.D <br />_ ~~.~ cubic <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provi$ions of C.R.S. 1973, <br />37-92-102(3),37-92-103(3), (4) and (10). <br /> <br />10. This appropriation is made uncer the provisions <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3). (4) and (10), <br />knOwn -35 Senate bill 97, signed into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District~ and the <br />United States of America"and as a result, on~....l:4&.II.8E1lt!:-Z.8.1 <br />...L!l7_~____________, th~ app1 ication was rereferred'1O the <br />water judge for Water Division No.5. <br /> <br />12. The statementl of opposition of the Colorado Lllh!J!~ <br />Water Conservation District wa:t$ subsequently withdrawn and <br />tne statement of opposition of the United States of America <br />was withdrawn by stipulation, the pertinent parts of which <br />are included in this rul ing of the referee. AS a result, <br />the appl ication has again been referred to the water referee <br />by the ~ater judge for Water Division No.5. <br /> <br />The r~feree does therefore conclude that the above-entitled <br />/.D <br />ap;:>l ication should be granted cJnd that cubic foot of <br />1:$ <br />water per second of time .-.-hereby awarded for the purpose <br /> <br />of maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Yoder <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />1978, absolutely and unconditionallyi subject, however, to <br /> <br />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 />will hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br />or rights-of-way, 3S the case may be, if the same are requ ired <br />h...,.. 13w for the use of pub1 ic resources contemp1 ated by the <br /> <br />-2- <br />