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:escription of beginniny and end points of mini- mum stream flow claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 29'35'1 N, long 106 deg 2b'48'I W as the upstream terminus and confluence Fall Creek at lat 39 deg 30'3511 N, long 106 deg 24'51" W as the down- strean\ terminus. 6. mum stream env i r on me nt The use of the water is flows as are required to to a reasonable degree. to appropriate such mini- preserve the natural 7. 12, 1978. The date of initiation of appropriation is May o. The amount of ~ater claimed is: of water per second of time. 1 cubic fOot 9. The water was first appl ied to the above benef i- cial use on May 12, 1918 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-101(3),37-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973, 37-91-101(3), 37-92-103(3), (4) and (10). known as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the Colorado River Water Conservation District and the United States of America and as a result, on ~~~L~~~ ~~ _-'-9_2.8___________, the application was rereferred""'. the water judye for Water DiviSion No.5. lZ. The statementl of appos i tion of the Colorado ~1I';1'f.. Water Conservation District w't$ SUbsequently withdrawn and the statement of opposition of the United States of America was with~rawn by stipulation, the pertinent parts of which are included in this rul ing of the referee. AS a result, the appl ication has again been referred to the water referee' by the water judge for Water Division No.5. The ref~ree does therefore conclude that the above-entitled appl icatian should be granted and that 1 cubic fOot of ~ater I':> per second of time ~ hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Notch Moun- tain Creek between the beginning and end points as described in paragrapn 5 above, with an appropriation date of May 12, 1978, absolutely and unconditianallyi subject, however, to the following stipulated agreement: a. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or wi 11 hereafter be determined by law. b. Applicant shall apply for any special use permits or rights-oF-way, as thQ ca:,.~ ;;'i)" '-;:."'.. :f the same are required -2-