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<br />80CW125 <br /> <br />11. On July 16, 1980, a Statement of Opposition was fUeA 1:-~' <br />the united States of America. <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united States of America was effectively withdrawn as a result 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 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 1.0 cubic foot of water per <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 paragraph 5 above, with appropriation <br /> <br />date of the 17th day of March, 1980, absolutely and unconditionally; <br /> <br />subject, however I to the following stipulated agreement; <br /> <br />a. AppJicant'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 speci~1 use permits or rights- <br />of-way, as the case may be, if the same are ~equired by law for the <br />use of public resources contemplated by the subject application and <br />shall abide 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 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 /> <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 />with the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this <br /> <br />fi- <br />N <br /> <br />day of h~~I./II'JI<Y , 1981. <br />, <br /> <br />BY TilE REFEREE: <br /> <br />~Af, U <br />W referee <br />te~ D~v~s~on No. 5 <br />Stat~ of Colorado <br /> <br />-2- <br />