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<br /> <br />B-OCW132 <br /> <br />" <br /> <br />11. On July 16, 1980, a StcJ.tement of Opposition was filed by <br />the united States of America. <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />United States of Amer~ca was effectively- withdrawn as a result of <br />Stipulation between the parties involved, the pertinent parts of <br />which are included in this Ruliny of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted tind that 0.50 cubic foot of water per <br /> <br />second of time is hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environment <br /> <br />to a reasonable degree on June Creek, between the beginning and end <br /> <br />points (:IS described in paruyr':lph 5 ,1bove, \-lith appropriation date of <br /> <br />the 17th day of March, 1980, absolutely and unconditionally; subject, <br /> <br />however, to the following stipulated agreement: <br /> <br />a. Applicantls rights are subject to all senior rights of the <br />united Stutes af America in the subject saurcE), including properly decreed <br />resel.Vtlll rj~rllts, as tlre now C)l" w,ill llcrcaEtcr be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights- <br />of-way, as the case may be, if the same are rQquired by !J.w for the <br />use of public resources contemplated by the subject application <br />and sholl abidt~ by the conditions set forth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Divj_sion Engineer of such priorities <br /> <br />and changes of rights in accord~ncc with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station qS approved by the State <br /> <br />Engineer or his representa.tive for the purposQ of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with <br /> <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 CRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State <br /> <br />Engineer. <br /> <br />II tt <br /> <br />RECEIVED <br />MAR 2 7 1981 <br /> <br />Done at the City of Glenwood Spr-ings, Colorado, thiS <br /> <br />day <br /> <br />of ildLrLLlL-Y- __, 1981. <br /> <br />BY '1'111': 1lI':FElmL <br />, <br /> <br />1mR_' <br />.-n: EN~.:!'Plo f,' <br />""'. <br /> <br />I/J/'" . 4;, ,} Ji <br />j ~('I <br />, \ \-}, <br />\\ ... <br /> <br />~f~ <br /> <br />=:~ision No.. 5 <br />State of Colorado <br /> <br />-2- <br /> <br />} <br /> <br />" <br />