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<br />5~ ge~cril'tio~ of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in vicinity of lat 40 deg 15'2211N long 106 deg <br />01'02"W as the upstream terminus and confluence willow Creek <br />at lat 40 deg. 15'23"N long 106 deg 04'4211W as the downstream <br />terminus. <br /> <br />6. <br />mum stream <br />env ironment <br /> <br />The use of the water is <br />flows as are required to <br />to a reasonable degree. <br /> <br />to appropriate such mini- <br />preserve the natural <br /> <br />1. The date of initiation of appropriation is May <br />12, 1978. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic fo.t <br /> <br />9. The water was fi rst app1 ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of (.R.S. 1913, <br />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)0 (4) and (10). <br />knOwn as Senate bill 91, signed into law, April 23, 1913. <br /> <br />11. Statement~ of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park ~ater Conservancy Distrlst and the United States of <br />Amer;ca and as a result, on~~-2C~~___~jf~_~t}~___. <br />the appl ication was rereferred~o the water judge for Water <br />o i vis i on No.5. <br /> <br />12. The statements of opposition of the Colorado"'V4e <br />Wdter 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vancy District were subsequently withdrawn and the statement 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of opposition of the United States of America was withdrawn <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 /> <br />application should <br /> <br />be granted <br />IS <br />..... hereby <br /> <br />and that 1 cubic fept of water <br /> <br />per second of time <br /> <br />awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Denver <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of Hay 12, <br /> <br />1918, absolutely and unconditionally; 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 />-2- <br />