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r 5. n~~rr;pti0n nf hpninn;n- ~"A _~A --i".~ 0f mini- mum stream flow claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 32'0711 N. long 106 deg 29'16" w as the upstream terminus and confluence West Grouse Cr~ek in see 27, 155 R81W, 6th PM as the downstream terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural Qrlvironment to a reasonable degree. 7. The date of initiation of appropriation is May 12. 1978. 8. The amount of water claimed is: of water per second of time. 1 cubic foot 9. The water was fi r50t appl ied to the above benefi- cial use un May 12. 1978 by actio!) of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3).37-92-103(3), (4) and (10). lO. This appropriation is made under the provisions of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10), known as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the ColoradO River Water Conservation District and the United States of Amer ica and as a resul t, on ~!!'..r...t:.H4~1"( ~I, __L_t:tZB___________, the appl ication was rereferred J1O, the ~ater judge for WatBr Division No.5. 12. The 5tutementl of opposition of the (olor<3do~"~C. Water Conservation District wetS subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee. As a result, the appl icati on has again been referred to the water referee by the water judge for Water Division No.5. The referee does therefore conclude that the above-entitled appl ication should be granted and that t cubic foot of water IS per second of time.......... hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Grouse Creek between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, absolut~ly and unconditionally; subject, however, to the following stipulated agreement: ,., a. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or "",ill hereafter be determined by law. b. Applicant shall apply for any special use permits or rights-of-way, as the case may be, if the same are required by 1 aw for the use of publ i c resources contempl ated by the -2-