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<br />79CW189 <br /> <br />11. A Statement of Opposition was timely filed' by the United States <br />of America, and as a result, on October 31, 1979, the application was <br />re-referred by the water Referee to the Water JUdge for Water niv. 5. <br /> <br />l~. On 0c'tobe~ ~o, j..';j.,"9, UJe ~t:.a1:.emeJ.)1;; Ul. Opposition. of th~ united. <br />states of America was effectively withdrawn as a result of Stipulation <br />between the parties involved, the pertinent parts of which are including <br />in this Ruling of Referee. ,As a result, the application has been again <br />referred to the Water Referee by the Water Judge for Water Div. 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 />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 1. 0 cubic foot of water per <br /> <br />second of time is hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required 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 January, 1979, absolutely and unconditionally; subject, <br />however, to the following s~ipulated agreement; <br /> <br />a. Applicant1s rights are sUbject to all senior rights of the <br />United States of America in'the subject source, including properly <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 priori ties <br /> <br />and changes of rights in accordance with lawi and provided further that <br /> <br />the applicant herein wi~l construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by the 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 /> <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 /I~ <br /> <br />day of h~~vAIt '1 <br /> <br />, 1981. <br /> <br />BY THE REFEREE: <br /> <br />~~ <br /> <br />Water Division No. 5 <br />State of Colorado <br /> <br />-2- <br />