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<br />~ <br /> <br />MA~ "'( 1981: <br />-"--: <br />1JAJ6 fNGIHWl <br />aJID. <br />~ 11. A Statement of Opposition was timely filed by the United States <br />of lunerica, and as a result, on October 31, 1979, the, application was <br />re-referred by the Wa'ter Referee to the Water Judge for vlater Div. S. <br /> <br />, <br />.. <br /> <br />79CW189 <br /> <br />12. On October 16, 1979, the Stiltemen"t of Opposition of the United I <br />States of America was effectively withdrawn as a j,esult of Stipulation <br />between the parties involved, the partin'cnt purts of which are including <br />in this Ruling of Referee. As a result, ~he application has been again <br />referred to the Water Referee by the Water JUdge for Water oiv. 5. <br /> <br />13. On October 24, 1979, an Entry of Appearance was filed by <br />the city of Aspen, Colorado and the Pitkin County Board of Commissioners <br />in support of the application. <br /> <br />'fhe Referee does therefore conclude thcJt: the .above entitled <br /> <br />application should be gf"Clnted cJnd that 1.0 cubic foot of water per <br /> <br />second of time is hereby a......arc1ed for the purpose of maintaining a <br /> <br />minimum stre.J.ffi flow .15 lequired to preserve the natural environment to <br /> <br />a reasonable degree on NO Name Creek, between the beginning and end <br /> <br />points as described in paragraph 5 above, with appropriation date of <br /> <br />the 31st day of Januwry, 1979, absolut8ly and unconditionally; subject, <br /> <br />however, to the followinY stipulated agreement; <br /> <br />a. Applicant1s rights are subject to all senior rights of the <br />United States of Amcric.l in the subject source, including properly <br />decreed reserved rights, as Clrc now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights-ot- <br />way, L\S the case may be, if the some are required by law for the use of <br />public resources conlc~IllJ>.l,)tcd uy the subject <1pplication and shall <br />abide by the conditions .set forth therein; <br /> <br />and subject to all uilj-liac ~~iOl-ity rights of others and to the <br /> <br />integration and tabulation bJ.: the Division Engineer of such priorities <br />and changes of rights in accqrdan'ce with law; and provided furthe.r 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 the State <br /> <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br /> <br />water right in priority as r~quircd by law. <br /> <br /> <br />It is accordingly ORDERED that this ruling shall be filed with <br /> <br />the t~ater Clerk and shall bec.ome effective upon such filing, subject <br /> <br />to Judicial review pursuant t~ Section 37-92-304 CRS 1973. <br />It is further ORDERED that .1 cavy of this ruling shall be filed <br /> <br />with tIle appropriate Division J~nginecr and the State <br /> <br />Engineer. <br />//~ <br /> <br />Done at the City of Glcnwood Springs, Colorado, this <br /> <br />day of hA"evl"1t1! 1 <br /> <br />1981. <br /> <br />BY TilE REFEREE: <br /> <br />11:' 1 <br />ill..,. . i:,,, <br />", \\', <br />, , <br /> <br />(Ji <br /> <br />~~; <br /> <br />Water Divisioll No. 5 <br />State of Colorado <br /> <br />-2- <br />