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5. De5~ription of beoinr;n" ~"~ P"rl ~"'-~~ "~ min;- mum stream flow claimed: the ~atural stream channel from con- fluence with West Grouse Creek in sec 27, T55 R81W, 6th PM as the upstre~m terminus and confluence with the Eagle River in sec 26, T5S R81W, 6th p~ as the downstream terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural environment to a reasonable degree. 7. The date of initiation of appropriation is May 12, 1978. Z.Do 8. The amount of water claimed is: ~ cubic feet of water per second of time. 9. The water was fi rst appl ied to the above benefi- cial use on May 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3),37-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973. 37-92-102(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-..e and the United States of America/and 3S a result, on~~-Zl<<M.~Jt. Z~ _~'_7~___________, the appl ication was rereferred~ the ......ater judge for Water Division No.5. 12. The statement'" of opposition of the Colorado ,evrz" Water Conservation District w~S subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee.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 referee does therefore conclude that the above-entitled ~.t:) appl ication should be granted and that~ cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Grouse Creek between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, absolutely and unconditionally; 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 oecreed reserved rigtlts, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits or rights-oF-way, as the case may be, if the same are required 13... for the use of publ i c resources contempl ated by the -2-