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<br />5. DescriPtion of beginning and end points of mini- <br />mum stream flow claimed: the natural ~tream channel from con- <br />fluence Gore Creek in sec 31t T2N R82W of the 6th PM as the <br />upstream terminus and confluence Colorado River in sec. 6. <br />T2S RB3w of the 6th PM as the downstream terminus. <br /> <br />6. <br />mum stream <br />env ironment <br /> <br />The use of the water is <br />flows as are required to <br />to a reasonable degree. <br /> <br />to appropriate such mini- <br />preserve the natural <br /> <br />7. The date of initiation of appropr~ation is Sep- <br />tember 23t 1977. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />10 cubic feet <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on September 23. 1977 by action 'of the Colorado <br />Water Conservation Boa~d under the provisions of C.R.S. <br />In3. 37-92-102(3), 37-92-103(3). (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973.37-92-102(3).37-92-103(3). (4) and (lO), <br />known as Senate bill 97. signed into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District and the United <br />States of America and as a result. on __________' <br />~~_':l_~!?,..f..11.8.---. the appl i cati on was rereferred 15"1) the <br />water judge for Water Division No.5. <br /> <br />12. The statementI'" of opposition of the ColoradO R,v~1I(. <br />~ater Conservation District w~& subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was withdrawn by stipulation. the pertinent parts of which <br />are included in this rul ing of the referee. AS a result. <br />the appl ication has again been referred to the water referee <br />by the water judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />app1 ication should be granted and that 10 cubic feet of <br /> <br />water per second of time are hereby awarded for the purpose <br /> <br />of maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Rock Creek <br /> <br />b~tween the beginning and end points as described in para- <br /> <br />graph 5 above, with an appropriation date of September 23, <br /> <br />1977t absolutely and unconditionally; subject. however. to <br /> <br />the following stipulated agreement: <br /> <br />a. Appl icant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />including properly decreed reserved rights. as are now or <br />will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits <br />or right~-of-way. as the case may be, if the same are required <br />by law for the use of pub1 ic resources contemplat.ed by the <br /> <br />-2- <br />