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<br />/ <br /> <br />a-OCW123 <br /> <br />11. On July 16, 19BO, a Stotement 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united States of lI.merica \...as effectively withdrawn as a result of <br />Stipulati ')n between the parties involv"Eid, 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 20.0 cubic feet of water per <br /> <br />second of time durinrj: the Summer months ilnd 10.0 cubic feet of water <br /> <br />per second of time during the vlinter months are hereby awarded for <br /> <br />the purpose of m.J.intaining a minimum stream flow as required to <br /> <br />preserve the natural cllvironnlcnt to a reasonable degree on East Lake <br /> <br />Creek, between the beginning und end points as described in paragraph <br /> <br />5 above, with appropriation date of the 17th day of March, 1980, <br /> <br />absolutely and unconditionallyjsubjcct, however, to the following <br />stipulated LlCJn~clllcnti <br /> <br />a. ^pplicant I f; ri~Jhts are subject to all senior rights of the <br />Unit8d States of l\rr\el.icll in the subject source, including properly decreed <br />reserved rights, as are now or will hereafter be determined by law. <br /> <br />b. A~plicant SllUll apply for any special use permits or rights- <br />of-wny, as lhc case m':lY be, if the S<1mc are required by law for the <br />use o"f public resources' contemplated by the subject ~pplication and <br />shall abide by the conJitions set forth therein; <br /> <br />and subject to all earlier priorit~ rights of others and to the <br /> <br />intc')rZltion 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 llerein will construct and maintain at its expense a <br /> <br />suitable measuring device or 9illllJing 5t~tion as approved by the State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />"vlater right in priority as requ'ired 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 0 copy of this ruling shall be filed <br /> <br />with the ilppropriate Division Fn<Jinecr ilnd the State Engineer. <br />/1 #> <br /> <br />Done at the City of Glcmvoocl Springs, Colorado, tiS <br /> <br />day of Fr"f3f?t/~I2Jf--' 1981. I <br />BY TilE REFEREf' <br /> <br /> <br />~d <br />WLlt " ~cfcree <br />1^1a er Division No. 5 <br />State of Colorado <br /> <br />RECEIVED <br />MAR 2 7 19111 <br /> <br />... tt((:",,-..~ <br />." <br /> <br />iV' -. ;.-11" I.,Y/<I <br />4./ . "\' ,'/T. I, <br />I "'/;(/:' ,. <br />.. ./11 <br />I. . <br /> <br />-2- <br /> <br />\ <br />\ <br /> <br />., <br />