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{, . -.:. ~l~3 . l-iiCl) j:j i ,;~; '. '. V!:;.~;;~ ::. . " . SEP 29i983 I' F"":--> r'h' , ..ny i:~..ll~'J, \... .'" -~---_._~. 0ISTRICT CO:.!:'<T. .~ATER DIVISION 'lO. 4. STATE OF COLORADO Case No. 80 CW 131 ----------------------------------------------------------------- RULING OF ~EFEREE. JUDGMENT A~D DECREE ----------------------------------------------------------------- CONCE~NING THE APPLICATION FOR ~ATER RIGHTS OF THE COLJRADJ WATER C8NSERVATIO~ BOARD IN TD~ICHI CREEK (NO.1) IN GUNNISON CJU~TY ----------------------------------------------------------------- The court oein3 fully advised 3S to the m~tter of the application herein. hereby makes the follOwing ruling: All notic2s required by law of the filing of the 3p~lica- tion herein h~ve been fulfilled and the court has jurisdiction over the subject motter and ov~r all parties hereto. The Jnited StaLls of A:1i0rica timely filed a state:nent of opposition. A stipulation has been reachea between the United States and the applicant herein and such stipulation is made part of and Incorporated into this proposed ruling. the terms of which are as follows: 1. Applicant's rights are subject to all senior rights of the :.Joited St3tes of America in the subject source. including properly decreed reserved riyhts. as are now or will hereafter be determined by law. 2. Applicant shall 3p~ly for any speci~l u~e per~its or r i 'lhts-of-way. as the case may be. if the sa,~? are requi red by law for the use of public reSQurc~s conte~~latej by the subject applicati0n ana shall abide by the conditions set forth therein. The Upper Gunnison River ~ater Conservancy District also timel y filed a statul,lent of o,Jposi tion and has subsequentl y with- Jra~n said oppositio~. All matters contained in th0 application havin'l been review~j. and testimony having been taken where such testimony is necessary. and such corrections made as are indicated by the evidence presented herein. IT IS HERE!Y THE RULING CF THE WATER