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<br />P ; ,!n,-. <br /> <br />5. Description of beginning and end points of mini- <br />m"um stream flow claimed: the natural stream channel from <br />headwaters in vicini ty of lat 39 deg 25'55" N, long 106 deg <br />13'50" ~ as the upstream terminus and confluence with East <br />Fork Eagle River in sec 24, T7S, R8DI-I, 6th PM as the down- <br />stream terminus. <br /> <br />6. The use of the waler is to appropriate such mini- <br />mum stream flows as are required to pres~rve the natural <br />environment to a reasonabl~ degree. <br /> <br />7. The date of initiation of appropriation is May <br />12, 1978. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubi c fGOt <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado water Con- <br />servation Board under the provisions of C.R.S. 1973, <br />37-92-102(3),37-92-103(3), (4) and (10). <br /> <br />10. This appropriation is made under the provisi.ons <br />of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), <br />known ~lS Senate bill 97, siyned into law, A;>ril 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 Amer i Cd and as d resul t, on S.JEJ!!1'R'Lfl~,;r .1:'8; <br />_f-1-7~_____-------, the dPpl i cat ion ....as rereferred';' the <br />water judJe for Water Division No.5. <br /> <br />lZ. The statementl of opposition of the Colorado ~~ <br />Water Conservation District w~$ 5ubsequently withdrawn and <br />the statement of opposition of the United States of America <br />~dS withdrawn by stipulation, the pertinent parts of which <br />are included in this ruling 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 />appl ication Should <br /> <br />be granted <br />IS <br />~ hereby <br /> <br />and that 1 cubic fOOt of water <br /> <br />per second of time <br /> <br />awarded for the purpose of <br /> <br />maintaining a minimum strea~ flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Cataract <br /> <br />Creek between the baginning and end points as described in <br /> <br />Daragraph 5 above, with an appropriation date of May 12, <br /> <br />1978, ab5olut~ly and unconditionally; subject, however, to <br /> <br />the following stipulated agreement: <br /> <br />a. Applicant'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 />-2- <br />