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<br />5~ Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in the vicinity of lat 39 deg 40'20't N, long lOb <br />deg 2D'40" W as the upstream terminus and confluence with <br />the Piney River in vicinity of lat 39 deg 42'50" N, long <br />106 deg 26'50'1 W as the downstream terminus. <br /> <br />o. <br />mum strealll <br />environment <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 />7. <br />27, 1977. <br /> <br />The date of initiation of appropriation is July <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic feet <br /> <br />9. The water was first appl ied to the above benefi- <br />cial USE! on July 27, 1977 by action of the C.olorado Water <br />Conservation Board under the provisions of C.R.S. 1913, <br />37-92-10213).37-92-103(3). (4) and (10). <br /> <br />l~. This appropriation is made under the provisions <br />of C.R.5. 1913.37-92-102(3).37-92-103(3)0 (4) and (10)0 <br />known as 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 United <br />States of America and as a result, on ~~~o <br />__-Lf-2_4.._________, the appl i cat i on was rereferre~ 70 the <br />water judge for Water Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~V~~ <br />Water Conservation District were subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was withdrawn by stipulation, the pertinent parts of which <br />are included in this ruling of the referee. As a result, <br />the appl ication has again been referred to the water referee <br />by the water judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication shaul d be granted and that 1 cubic feet of water <br /> <br />per second of time are hereby 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 Freeman <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above. with an appropriation date of July 27, <br /> <br />1917, absolutely and unconditionally; subject. however, to <br /> <br />the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />right~ 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, as the case may be, if the same are required <br /> <br />-2- <br />