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5. _Das~riDtion of be~inning and end points of mini- mum stream -flow claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 2415311 ~, long lOb deg 32'05" W as the upstream terminus and-confluence West Cross Creek at lat 39 deg 28'05" N, long 106 deg 30'46'1 W as the downstream terminus. b. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural environme.lt to a reasonable degre~. 7. 12, 1978. The date of initiation of appropriation is May 8. The amount of water claimed is: of '....ater per second of time. 5 cubic feet 9. The watl.!r ....as first appl ied to the above benefi- cial use on May 12, 1918 by action of the Colorado water Con- servation Bo~rd under the provis!ions of C.R.S. 1973, j7-n-I02(3}, 37-9Z-103(3}. (4) and (10). 10. 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. Stc1t<:~mcnt~ of opposition ....C!rn timely filed by the ColoradO River Water Conservation District and the United States of America and a-s a result, on ~Z'EM/!J~1it Z8,,/97S ___________________, tho? appl ication was rereferred n the I water ju-d:)e..for Water Division No.5. 12. HIe statementl of opposition of the Colorado~t1ll"~ ~ater Conservation District w~$ subsequently ....ithdrawn and the statement of opposition of the United States of America was ....ithdrawn by stipulation, the pertinent parts of which are included in this rul ing of the referee. AS a result, the appl ication has again been referred- to the ....ater referee by the water judge for Water Division No. S. The referee does therefore conclude that the above-entitled appl ication should be granted and that 5 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Cross Cre~k between the beginning and end points as described in paragraph 5 above, ....ith an appropriation date of May 12, 1918, absolutely and unconditionallyj 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 will hereafter be determined by law. b. Applicant shall apply for any special use permits Or riglltS-of-way, as the case may be, if the ~.ar;le are requir~j -2-