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<br />80evl117 <br /> <br />11. On July 16, 1980, a Statement of Opposition was filed by <br />the United states of America. <br /> <br />-_." ,~~,".. ~_':o" <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united States of America was effectively withdrawn as a result of 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 b~tween the parties involved, the pertinent parts of <br />which are included in this Ruling of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and 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 environment <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 l1arch, 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 pr~perly <br />decreed reserved rights, as are now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights-of- <br />way, as the case 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 earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by th~ State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />water right in priority as required 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 />to Judicial review pursuant to section 37-92-304 CRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br /> <br /> <br />Done at the City of Glenwood Springs, Colorado, this //~ <br /> <br />day <br /> <br />of /FE~~t/M. 1/ <br />( <br /> <br />1981. <br /> <br />BY THE REFEREE: <br /> <br />Ck.u I~<- <br /> <br />~Referee <br />\'later Division No. 5 <br /> <br />State of Colorado <br /> <br />-2- <br />