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). Description of beginning and end points of mini- mum stream flaw claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 25'5311 N, long 106 deg 33122" w as the upstream terminus and confluence Cross Creek at lat 39 deg 28'05'1 N, long 106 deg 30'4611 W as the down- stream terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural environment to a reasonable degree. 7. l2. 197 B. The date of initiation of appropriation is May 8. The amount of water claimed is: 4 cubic feet of water per second of time. 9. The water was fi rst appl ied to the above benefi- cial use on May 12, 1918 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, )7-92-102(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-[03(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 ~ater Conservation District and the United States of America and as a result, on .:2!:~Z:':LV~~ Z8~ _L-'i2.I!t___________. the app 1 i cat i on was re re fer red Tel the water judge for Water Division No.5. Ii'. The statementl of opposition of the Colorado~"~1(, water Conservation District w~r$ subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee.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 appl ication 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 West Cross 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. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Appl icant shall apply for- ,~ny special use. permits or rights-oF-way, as the case may be, if the 'same are required -2-