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<br />, <br /> <br />7. The date of initiation of appropriation is Janu- <br />ary 19, 1977. <br /> <br />~~ The amount of water claimed is: 3 cubic feet <br />of water per second -of time. <br /> <br />9. The water was first applied to the above benefi- <br />cial use on January 19, 1.971 by act ion of the Colorado Water <br />Conservation Board under the provisions of C.R.S. 1913, <br />31-92-102(31.37-92-103(3). (4) and (101. <br /> <br />La. This appropriation is made under the provisions <br />of C.R.S. 1913.31-92-102(31.31-92-103(3). (4) and (10). <br />known as Senate bill 91, signed into Jaw, April 23, 1973. <br /> <br />l1. Statements of opposition were timely filed by <br />the ColoradO River Water Conservation District, the Middle <br />Park Water Conservancy District. and the United States of <br />America and as a result. on _~~1~_~~~~9~_________. <br />the appl ication was rerefer,red;r., the water judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~V& <br />Water Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <br />of opposition of the united States of America was withdrawn <br />by stipulation, the pertinent parts of which are included <br />in this ruling of the referee. As a result, the application <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-entitled <br />appl ication should be granted and that 3 cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Brush <br />Creek between the beginning and end points as described in <br />paragraph 5 above, with an appropriation date of January <br />1Q, 1Q71, absolutely and unconditionally; subject, however, <br />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 />wi 11 hereafter be determi ned by law. <br /> <br />b. Appl icant shall apply for any special use permits <br />or rights-of-way, as the case may be, if the same are required <br />by law for the use of publ ic resources contemplated by the <br />subject application and shall abide by the conditions set <br />forth therein; and subject to all earl ier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />"accordance with law. and provided further that the applicant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water rjgh~ in priority as req~ired by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and shall become effective upon <br />such filing, subject to judicial reY"..ieMo C.R.S. 1973, <br />37-92-304. ' "'''~:W''AJT <br /> <br />It is further ORDERED that a copy of this rul ing shall <br />be filed with the appropriate division engineer and the <br /> <br />-2- <br />