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<br />/ <br /> <br />80Clv1l8 <br /> <br />7. <br />1980, <br /> <br />The date of initiation of appropriation is March 17, <br /> <br />8. The amount. of water claimed is: 0.50 cubic foot of <br />water per second of time. <br /> <br />9. The water was first applied to the above beneficial use <br />on March 17, 1980 by action of the. Colorado Water Conservation <br />Board under the provisions ofC.R,S, 1973, 37-92-102(3), <br />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), knmm as <br />Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. A statement of opposition was timely filed by the Brush <br />Creek and Eagle River Company ,and Eagle Valley Water Company, and <br />as a result, on August 29, 1980, the application was re-referred <br />by the ~\later Referee to 'the ~qater Judge for vlater Division No. S. <br /> <br />12. The statement of opposition of the Brush Creek and Eagle <br />River Company and Eagle Valley Water Company was subsequently <br />withdrawn I and on January 2, 1982, the application was again <br />referred to the Water Referee by the Water Judge for Water Division <br />No.5, ' <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 0.5 cubic foot of water <br /> <br />per second of time is hereby 'awarded for-'.the purpose of -maintaining <br /> <br />a minimum stream flow as required to preserve the natural environ- <br /> <br />ment to a reasonable degree on Abrams Creek between the beginning <br /> <br />and end points as described in paragraph 5 above, \vith appropriation <br /> <br />date of the 17th day' of r.1arch, 1980, absol.utely and unconditionallYi <br />subject, however, to all earlier priority rights of others and to <br /> <br />the integration and tabulation by the Division Engineer of such <br /> <br />prior~ties and changes of rights in accordance with law, and <br /> <br />provided further that the applicant herein will construct and main- <br /> <br />tain at its expense a suitable measuring device or gauging station <br /> <br />as approved by the State Engineer or his representative for the <br /> <br />purpose of administering this water right in priority as required <br /> <br />by law, <br />It is accordingly ORDERED that this ruling shall be filed <br /> <br />with the, Water Clerk and shall become effective upon such filing, <br /> <br />-2- <br />