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<br />I <br /> <br />5. De.~cription of beginning and P"rl 00;n~~ ~f ~;ni- <br />mum stream flow claimed: the natural stream channel from con- <br />fluence of East and South Forks of the Eagle River in see <br />22. T7S ReO w, 6th PM as the upstream terminus and confluence <br />wi th Resolution Creek in see la, T75 Rao w. 6th PM as the <br />downstream terminus. <br /> <br />6. Tne 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 />8. The amount of water claimed is: <br />feet of water per second of time. <br /> <br />512, \oJ6 cubic <br /> <br />i..Y",l' <br />f' ' <br />?V'~X\ "Q~ <br />/.(\. y" <br />, , <br />~Dt- <br /> <br />7. The date of initiation of appropriation is May <br />1 Z, 197 a. <br /> <br />9. The water was fj rst appl ied to the above benefi- <br />cial use on !-1ay 12, 1978 by action of the Colorado Water Con- <br />servation Soard 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 provisions <br />of C.R.S. 1973. 37-92-102(3), 37-92-103(3). (4) and (10). <br />knOl'on ~s Senate bill 97, signed into law, April 23, 1973.. <br /> <br />11. Statements of opposition were timely filed <br />tne Colorado River ~ater Conservation District and the <br />States Qf America and as a result, on ~Z-~Allfc:~ <br />_~f~~___________' the application was rereferred;r.p <br />water judge for water Division No. ~. <br /> <br />12. The statcmentl of opposition of the ColoradO~~dr~ <br />Water Conservation District w~S subsequently withdrawn and <br />the statement of opposition of the united States of America <br />was wittldrawn 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 />by <br />United <br />&& <br />the ' <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication Should be granted and that S12, W6 cubic feet <br /> <br />of water per second of time are hereby awarded for the pur- <br /> <br />pose of maintaining a minimum stream flow as required to pre- <br /> <br />serve the natural environment to a reasonable degree on <br /> <br />Eagle River between the beginning and end points as described <br /> <br />in para~raph 5 above, with an appropriation date of May 12, <br /> <br />1978, absolutely and unconditionally; subject, however, to <br /> <br />the foll~wing stipulated agreement: <br /> <br />a. Appl icant'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 />wi 1 1 hereafter be determi ned by law. <br /> <br />b. Appl icant shall apply for any special use permits <br />0r ri9hts-of-way, as the case may be, if the same are required <br /> <br />-2- . <br />