Laserfiche WebLink
<br />~125 <br /> <br />11. On July 16, 1980, a Statement of Opposition.was filed by <br />the United States of Arneric<1. <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />United states of America was effectively withdrawn as a result <br />of Stipulation between the parties invq'1ved, the pertinent parts of <br />which are included in this Ruling of Ref~ree. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />" <br /> <br />application should be granted and that 1.0 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 Berry Creek, between the beginning and <br /> <br />end points as described in p<1ragraph 5 above, with appropriation <br /> <br />date of the 17th day of March, 1980, obsolutely and unconditionally; <br /> <br />subject, however, to the following stipulated agreement; <br /> <br />a. Applicant's rights arc subject to all senior rights of the <br />United States of !\mcrica in the subj~ct source, including properly decreed <br />reserved right~;, a::; urc now or will hereafter be determined by lavl. <br /> <br />b. Applicant shi:l.l.L apply for any special use permits or rights- <br />of-way, as the case may lJe, if the s<J.me are required by law for the <br />use of VLlblic rCSOUI~CC5 contemplated by the SUbject application and <br />shall abide by the conJitions set forth therein; <br /> <br />and subject to all earlier ~riority rigJlts of others and to the <br /> <br />integration and tabulation.by the Division Engineer of such priorities <br /> <br />and changes of rights in D-ccorclance with law; and provided further that <br /> <br />the applicilJlt herein will construct and m~inti)in at its expense a <br />suitable measuring device or gflUging station uS approved'by the State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is accordingly ORDEHED 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 u copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer und the state En~ineer. <br />I, <br />Done at the City of Glcnwood Springs, Colorado, t11S <br /> <br />day of &-~~V41t'y _, 19B1. i <br />BY T/J E HEFEREE:; <br /> <br />~ <br />// <br /> <br />.'1 ' <br />" (' /j/JI.'~/ !/11,'/ <br />__ -""..,./'l. <br />....." . <br />-<0../':> <br /> <br />~_> A~ U <br />H .r Hcferee <br />ater Division No. 5 <br />Stutc of Colorado <br /> <br />RECEIVED <br />MAR 2 7 19S1 <br />-~ <br />-"",- <br />CllI~ <br /> <br />-2- <br />