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<br />~ <br /> <br />-', <br /> <br />" <br /> <br />8001117 <br /> <br />11. On July 16, 1980, a Statcmcllt of Opposition.was filed by <br />the United States of America. <br /> <br />12. On September 9, 1980, the Statement of Opposition of the " <br />United States of America was effectively withdrawn as a result of <br />Stipulation between,the ~artie~ involv~d, the pertinent parts of <br />which arc included 1n thlS Rullng of Referee. <br /> <br />'1'he Referee does therefore conclude that the above entitled <br /> <br />application should be granted nnd that 5.0 cubic feet of water per <br /> <br />second of time are hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environ~ent <br /> <br />to a reasonable degree on Gypsum Creek, between the beginning and end <br /> <br />points as described in paragraph 5 above, with appropriation date of <br /> <br />the 17th day of MarcIl, 1980, absolutely and unconditionally; subject, <br /> <br />however, to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of the <br />United States of America in the subject source, including properly <br />dccrcccl l-cscrved rights, LIS <Ire now or will hereafter be determined by law. <br /> <br />b. Applicant shall ~PJJly for any special use permits or rights-of- <br />way, as the cJ.se may be, if the same are required by law for the use of <br />public resources contemplated by the subject application and shall <br />abide by the conditions set forth therein; <br /> <br />and subject to all cJ.J"licr ]l)-.i()rj_ty ~igllts of others and to the <br /> <br />integrc)tion tlnd t'abl.llntion by the Di vision Engineer of such priorities <br /> <br />and chal1ges or rights in accordnllCC with law; and provided further that <br /> <br />the applicJ.nt herein will construct and maintain at its expense a <br /> <br />suitable measuring device or yauginy station as approved by the State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />water right in priority as requ~red by law. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with <br /> <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 eRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />of h~~JI,M, -(-_' <br /> <br />iI/it. i ,;i.. '. j()! <br />. , . . ./ <br />: ,--.-- ');., <br />,.," ,. '~'. <br /> <br />~~\~~ <br /> <br />Water Division No. 5 <br /> <br />State of Colorado <br /> <br />'\ <br /> <br />-2- <br />