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<br />W-2947 <br /> <br />7. The date of ini"tiation of appi"opriation is <br />January ].4, 1976. <br /> <br />8. The amount of water claimed i5 12.0 cubic feet <br />of wnter 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 Conser. ltioD 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 30, 1976, a statement of opposition <br />was filed by The Colorado River Nater Conser.vation District, <br />and as a resul-t, on August 10, 1976/ the applicntion was re- <br />referred by the vlater Referee to the Wa.ter JUdge for Wa'ter <br />Division No.5. <br /> <br />12. On December 28, 1979, the statement of <br />opposition was withdrawn, and on January 29, 1980, the <br />application \-laS ag.:un referred to the Water Referee by the <br />Hater 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 Ref~ree does therefore conclude that the above <br /> <br />'entitled applicRtion should be gr.:lnted and tl1at 12.0 cubic <br /> <br />feet of water per second of time are hereby ~warded for the <br /> <br />purpbse of TI\0.intaiJ'Ll.ng a minimum stream flow as required to <br /> <br />preserve the natural environment to a reasontlble degree on <br /> <br />Castle Creek between the beginning and end points as described <br /> <br />in paragraph 5 abov.., with appropriation date of the 14th <br /> <br />day of January, 1:';'16, absolutely and uncondit.ionally; <br /> <br />subject, however, to alJ. earlier priority rights of others <br /> <br /> <br />ilnd to the intcgrat:ion and tabulation by the Division Engineer <br /> <br />of such priori-ties and changes of rights in etccoruance with <br /> <br />law, and provided further.~hat the applicant herein will <br /> <br />construct .::md 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 />wat:er right in priority as required by law. <br /> <br />It .is accordingly ORDERED tha.t this ruling shall .be <br /> <br />-2- <br /> <br />. ~""..' <br />