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<br />." <br /> <br />1. The date of initiation of appropriation is Sep- <br />tember 23. 1917. <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 fi r5t appl ied to the above benefi- <br />cial use on September 23~ 1917 by action of the Colorado <br />Water Conservation 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. Statements of opposition were timely filed by <br />the Colorado River Water c.onserv"ation District. K.Io... ... I <br />.............,..,-.....~.....-_. .....,.A~......... - ~ and the United States of <br />America and a. a re.ult. on ___~~~_-Z~~1~-7~_______. <br />the app1 ication was rereferred~ the water judge for Water <br />OJ vis i on No.5. <br /> <br />l2. The statement, of opposition of the Colorado ~..,c!c... <br />Water Conservation Oistrict p- _r __--4r'"f <br />_._~,&~. --II w__ subsequently withdrawn and the statement <br />of opposition of the united States of America was withdrawn <br />by stipulation, the pertinent parts of which are included <br />in this rul ing of the referee. AS a result, the appl icatian <br />has again been referred to the water referee by the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br />appl icatian Should be granted and that 1 cubic feet of water <br />per second of time are hereby awarded f.or the purpose of <br />maintaining a minimum stream flow as required to preserve <br />tne natural environment to a reasonable degree on Porcupine <br />Creek between the beginning and end points as described in <br />paragraph 5 above, with an appropriation date of September <br />23. 1917, absolutely and unconditionally; subject, however, <br />to the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all seni.or <br />rights 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 />by 1 aw for the use of publ ic resources contempl ated by the <br />subject application and shall abide by the conditions set <br />forth therein; and subject to all earl ier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the applicant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and shall be_cpme effective upon <br />such filing. subject to judicial revieW{to C.R.S. 1973, <br />37-92-304. AJ'Su"IJT <br /> <br />It is further ORDERED that a copy of this rul ing shall <br />be filed with tile CijJpropriate division engineer and the <br /> <br />-2- <br />