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<br />tributary to the Col~,6do River. <br /> <br />5. Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in vicinity of lat 40 deg 1211411 N, long 106 deg <br />07'56" W as the upstream terminus and confluence Cabin Creek <br />a~ lat 40 deg 11'31" N, long 106 deg 04'40" W as the down- <br />stream terminus. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable 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 cubic foat <br /> <br />9. The water was fjrst appl ied to the above benefi- <br />cial use on Hay 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) .nd (10). <br /> <br />La. This appropriation is made under the provisi.ons <br />of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) .nrl (10). <br />known as Senate bill 97, signed into law, April 23. 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorddo River Water Conservation District. the Middle <br />Park ~ater Conservancy District and the United States of <br />America and as a resul.t, on.:s.eRZ"J!iJ:!.I'..d&_~__~8T~.!i.2lL______, <br />the appl i cat i on was rereferred ~ the water judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Coloradotll/6i1t. <br />Water Conservation District nnd the Middle Park water Conser- <br />yancy District were subsequently withdr3wn and the statement <br />of opposition of the United States of America was withdrawn <br />by stipulation, the pertjnen~ parts of which are included <br />in this rul ing of the referee. As a result, the appl ication <br />has again been referred to the water referee by the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-~ntitled <br /> <br />appl ication should be granted and that 1 cubic feet of water <br /> <br />per second of time are hereby awarded for the purpose of <br /> <br />~aintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on North <br /> <br />Fork Cabin Creek between the beginning and end points as <br /> <br />described in paragraph 5 above, with an appropriation date <br /> <br />of May.12, 1978, ab~olutely and unconditionally; subject. <br /> <br />however, to 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 /> <br />-2- <br />