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7. The date of initiation of appropriation is Janu- ary 19, 1977. 8. The amount of water claimed is: 3 cubic feet of water per second of time. ~.~ The water was fjrst appl ied to the above benefi- cial use on January 19. 1977 by action of the Colorado water Conservation Board under the provisions of C.R.S. 1973, 31-92-102(3). 31-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1913. 31-92-102(3). 31-92-103(3). (4) and (10). known as Senate bill 97. signed into law. April 23, 1973. 11. Statements of opposition were timely filed by the Colorado River Water Conservation District. the Middle Park Water Conservancy District. and the United States of America and as a result. on --~~~~_~~~~.7~_________. the appl ication was rereferred n the water judge for Water Division No.5. 12. The statements of opposition of the Colorado A'tJlI.tt water Conservation District and the Middle Park Water Conser- vancy District were subsequently withdrawn and the statement. of opposition of the United States of America was withdrawn by stipulation. the pertinent parts of which are included in this ruling of the referee. As a result. the application has again been referred to the water referee by the water judge for Water Division No.5. The referee does therefore conclude that the above-entitled appl ication Should be granted and that 3 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. Otter Creek between the beginning and end points as described in paragraph 5 above. with an appropriation date of January 19, 1971. absolutely and unconditionally; 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 rtghts. as are now or will hereafter be determined by law. b. Appl icant shall apply for any special use permits or rights-of-way. as the case may be. if the same are required by law for the use of publ ic resources contemplated bV the subject application and shall abide by the conditions set forth therein; and subject to all earl ier priority rights of others and to the integration and tabulation by the divi- sion engineer of such priorities and changes of rights in accordance with law; and provided further that the appl icant herein will construct and maintain at its expense a suitable measuring device o~ guaging station as approved by the state engineer or his representative for the purpose of administer- ing this water right in priority as required by law. It is accordingly ORDERED that this rul ing shall be filed with the water clerk and shall becpme effective upon SuCh fi 1 iog, sl.Jbject to judicial revie""'to C.R.S. 1973, )1-92-304. !>uttS""UT It i s fu~ther ORDERED that a copy of thi s rul i ng shall be filed wit~ the appropriate division engineer and the -2-