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" ....f ~':::'::l;;-"';;'~ ailj end points of mini- mum stream flow claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 34152" N, long 106 deg 17"52" ~ as the upstream terminus and confluence Eagle River at lat 39 deg 33'5211 N, long 106 deg 24'06" W as the down- stream terminus. 6. The use of the water is to appropriate such mini- mUOl stream flows as are required to preserve the natural environment to a reasonable degree. 7. 12, 1978. The date of initiation of appropriation is May 8. The amount of water claimed is: of water per second of tinle. 4 cubic feet 9. The water was first appl ied to the above benefi- cial use on r~ay 12, 1978 by action of the Colorado 'rJater Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3).37-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(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 and the United Stat,~ of America and as a result, on.:i::..e~N.46K. ~~ ___l~]~_________, the application was rereferred r" the water judge for Water Division No.5. 12. The statementI' of opposition of the Colorado~"e..c... Water Conservation District w~6 subsequently withdrawn and the statement of opposition of the United States of America wus withdrawn by stipulation, the pertinent parts of which are included in this rul ing of the referee. As a result, the appl icatioll 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 4 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 Two Elk Creek between the beginning and "end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, absolutely and unconditionallyi subject, however, to the following stipulated agreement: a. Applicant1s rights are subject to all senior rights of the United States of America in the subject source, including properly aecreed reserved rights, as are now or will hereafter be determined by law. b. Appl icant shall apply for any special use permits or r itjtlts-of-way, as the case may be, if the same are requi red -2-