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<br />B OCW132 <br /> <br />11. On July 161 19B(}<-,..r..a-'~S-tatement of Opposi\::..iun was tiLed by <br />the United states of America. <br /> <br />12. On September 91 1980, the Statement of Opposition of the <br />United States of America was effectively withdrawn as a result of <br />Stipulation between the parties involved, the pertinent parts of <br />which are included in this Ruling of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and 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 I between the beginning and end <br /> <br />points as described in paragraph 5 above, with appropriation date of <br />the 17th day of March, 1980, absolutely and unconditionallYi subjectl <br /> <br />however, to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights-of the <br />United States of America in the subject source, including properly decreed <br />reserved rights, as are now or will hereafte~ be determined by law. <br /> <br />b. Applicant shall apply for any speciel use permits or rights- <br />of-waYI as the case may bel if the same are ~equired by law for the <br />use of public resources contemplated by the subject application <br />and shall abide by the conditions set forth thereini <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance 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 as approved by the State <br /> <br />Engineer or his representative for the purpO$e 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 />the Water Clerk and shall become effective uDon such filing, subject <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 Engineer. <br /> <br /> <br />Done at the City of Glenwood Springs, COlorado I this 1/ ~ <br /> <br />day of <br /> <br />;::G:,dL'dA,II' ./ <br />f <br /> <br />. 19B1. <br /> <br />BY TilE REFEREE: <br /> <br />~u <br />Wa eferee <br />Wa er Division No. 5 <br />State of Colorado <br /> <br />-2- <br />