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.; l' UAJI: Of Mi-o.'LlNG . ?/~,9 h? . F~'''HI h j:f; ~.{';(;1'~ C'11j.tt 'V;i~-~:r '-~.."::~..~:: ;':o~r" SEP 29i983 . Kay Phi.!L;l~~. (.1:...': ------ DISTRICT COU~T, WATER DIVISION NO. 4, ST~TE OF COLORADO Case ~o. 8u CW 138 ----------------------------------------------------------------- RULING OF REFEREE, JUDG~ENT A~D DECREE ----------------------------------------------------------------- CONCERNING THE AP?LICATIO~ FOR WATER RIGriTS OF THE CJLORADJ WATER CONSERVATION BOARD IN SOUTH QUARTZ CREEK IN GUN~ISON CJUNTY ----------------------------------------------------------------- ~ The court being fully advised as to the m~tter of the application herein, hereby mJkes the following ruling: All notices required by law of the filing of the applica- tion herein have been fulfilled and the court has jurisdiction over the subject matter and over all parties hereto. The United Stdtes of 'm~rica timely filed a statement of opposition. A stipulation has heen reached between the United ~tates and the applicant herein and such stipul~tio' is m3de Dart of Jnd incorporated into t~is proposed ruling, the terms of which are as follows: 1. ~pplicant's rights 3re subj~ct to all senior rights of the United States of America in the subject so~rce, including properly decreed reserved riJhts, as are now or will hereafter be determined by law. 2. Applicant shall apply for any special use permits or rights-of-way, as the case may be, if the same are requi red by law for the use of publ ic resources contemplated by the subjec~ application and shall abide by the conditions set forth therein. The Upper Gunnison River Water Conservancy Oistric~ also ti~ely filed a statement of opposition and has subsequently with- Jrawn s3id opposition. All matters contained in the application having been reviewed, and testi~ony havin] been taken where such testimony is necessary, and such corrections made dS are indicated by the evidence presented herein, IT IS H~RE9Y THE RULINS OF THE w.T~R /