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l; ~"'--"":'.,\"'".- ''If ~""",;~",;:"", ~nd EO-.... -'-":": cf .,,:,.. mum stream flow cla'im~d: the ~atural stream channel from headwaters in E 1/2, see 12, T75 RBOW, 6th PM as the upstream terminus 3nd confluence Resolution Creek in sec 11, T7S ReOk, 6th P~ as the downstream terminus. 6. The use of the water is to appropriate such mini- mum stredln flows as are required to preserve the natural environment to a reasonable degree. 7. 12, 197 B. The date of initiation of appropriation is May 8. The dmount of water claimed is: of water per second of time. 1 cubi c feet 9. The water was fi rst appl ied to the above benefi- cial use on May 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3). 37-92-103(3). (4) and (10). 10. This appropr~ation is made under the provisions of C.R.S. 1973. 37-92-102(3). 37-92-103(3), (4) and (10j, knOwn as Senate bill 97, 'signed into law, April 23, 1913. 11. Statenlents of opposition were timely filed by the Colorado River Water 'Conservation District and the united States of Ame,ico and...as a ,esult. on ~e./222FAfI!!SE~ Ze _JC1_21f___________, the'appl ication was rereferred~ the water judye for Water Division No.5. 12. The statemeni( of opposition of the Colorado J!',U6" '1later Conservation District wtJrS subsequently withdrawn and the statement of oppositton of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this rul i.ng of the referee. As a result, the appl iCJtion has drjain been referred to the water referee by the water judJe for water Division Nu. 5. The referee does therefore conclude that the above-entitled appJ ication should be granted and that 1 cubic fc:ot of water IS per secodd of time~ hereby awarded for. the purpose of maintaining a minimun\ stream flow as required to preserve the natural envi ronment to a reasonable degree on Pearl Creek between the beginning and end points as de'scribed in paragraph 5 above, with an appropriation date of May 12, 1978, absolutely and unc9nditionallyi 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 ~ubject source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits or rights-oF-way, as the case may be, if the same are required by 1 aw for the use of publ ic resources contemplated by the -2-