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<br />80CW128
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<br />7. The date of initiation of appropriation is 1-1arch 17, 1980.
<br />
<br />8. The amount of water claimed is:
<br />per second of time.
<br />
<br />20.0 cubic feet of water
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<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 of C.R.S 1973, 37-92-102(3), 37-92-103(3),
<br />(4), and (10).
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<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), known as
<br />Senate Bill 97, signed into law April 23, 1973.
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<br />11. Statements of Opposition were timely filed
<br />Exploration Company~by Asarco, Incorporated, by the
<br />of America and as d result, on August 29, 1980, the
<br />re-referred by the Water Referee to the Water Judge
<br />Division NO.5.
<br />
<br />by Freeport
<br />Uni ted Sta tes
<br />application was
<br />for Water
<br />
<br />12. The Statements of OppOSition of Freeport Exploration
<br />Company, and of Asarco, Incorporated, were subsequently withdrawn,
<br />and the Statement of Opposition of the United States of America was
<br />withdrawn by stipulation, the pertinent parts of which are included
<br />in this Ruling of Referee. As a result, the application has been
<br />again referred to the Water Referee by the Water Judge for Water
<br />Division NO.5.
<br />
<br />13. The: RuliLq of Hc':cr,''-' dat(.d Oct.olJl:!' 7, 1<"j21 , i~; r;:'l:" rr{','(;-
<br />l'd b::' l;~i!; ;";'J.:. l,.d l~:...:lln.' ()~- :.', r. 11"-,
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<br />aPI,lic.-LtiO:1 ~:i:oiJ~(: J.:(.' f;r.J.ntcJ u::z.: th:l'; :>'.0 ct.::.:.-:; :l".:' 0: v::!t,.:
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<br />per second of tir.;c ure hereby ,:l\'<'urced for f7.hc purpose.: of r:.:li:\:'.J.i;1-
<br />
<br />ing a minimum stream flow uS reCJuircd to preserve the r..J.turLl.l
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<br />environment to a reasonable degree on North Fork Crystal River
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<br />between the beginning and end points as described in paragraph 5
<br />
<br />above, with appropriation date of the 17th day of I1arch, 1980,
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<br />absolutely and unconditionallX; subject, however, to the following
<br />
<br />stipulated agreement;
<br />(a) Applicant's rights are subject to all senior rights of
<br />the United States of America in the subject source, including
<br />properly decreed reserved rights, as are now or will hereafter be
<br />determi-es by 1aw.
<br />(b) Applicant shall apply for any special use permits or
<br />rights-of-way, as the case may be, if the same are required by
<br />law for the use of public resources contemplated by the subject
<br />application and shall abide by the conditions set forth therein
<br />
<br />ond lSubject to ~ll ...~.rllcr priority ri<J~it& of othC"ra and to the
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<br />)ntro'lr:atllq; aa.l t.nl..Jl.'1tlr,r. hr t~H' [11......::10:-, J;n';~nlf''''r of lJur~~
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