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<br />(XI) <br />Colorado Water Conservation <br />86CW212 <br />Page 2 <br /> <br />9. The water was first applied to the above beneficial use on March 14. ~ <br />1986. by action of the Colorado Water Conservation Board under the provisions <br />of C.R.S. 37-92-102(3). 37-92-103(3), (4), (10). <br /> <br />The Referee does therefore conclude that the above entitled Application <br />should be granted and the 1,0 cubic feet of water per second of time is hereby <br />awarded for the purp-ose of maintaining a minimum stream flow as required to <br />preserve the natural environment to a reasonable degree on Smith Creek between <br />the beginning and end points as described in paragraph 5 above. with <br />Appropriation date of March 14. 1986. absolutely and unconditional subject, <br />however. to all earlier priority rights of others and to the integration and <br />tabulation by the Division Engineer of such priorities and changes of rights <br />in accordance with law; and provided that the Applicant herein shall <br />construct and maintain at its expense a suitable measuring device and gauging <br />station as approved by the State Engineer of his representative for the <br />purpose of administering this water right as required by law. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the Water <br />Clerk subject to Judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the <br />appropriate Division Engineer and the State Engineer. <br /> <br />Dated ..t.: <br /> <br />.' i ~- . <br /> <br />BY THE REFEREE: <br /> <br />Copy of the fc"egOm~./~ to all <br />Counsel of record.!:Water <br />Referee'::-Div. Engineer-and ,/,;y <br />Stale Engineer-:::Oate / /-,,!~ - "0 <br />NJI..NCY BAILEY <br />Deputy Clerk. Water Di.... No.5 <br /> <br />" <br /> <br />; <br />/ <br /> <br />!"-",'~ <br /> <br />Water 'Referee <br />Water Division No. 5 <br />State of Colorado <br /> <br />No protest was filed in this matter. The foregoing Ruling is confirmed <br />and approved, and is made the Judgment and Decree of this court. <br /> <br />Dated <br /> <br />Water JUdge <br />