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! ..o~Ti: Of N\),ILlNG -;",,,, 9h,i? /U . " , . ...,~ ,in _',; rJ:.Jr SEP 2Si983 ;~~,y f:-.;:i~r':;. CJsri( OIST~ICT COURT, WATER DIVISION NO.4, STATE OF COLORADO Case ~o. 80 CW L07 ----------------------------------------------------------------- RULING OF REFER=E. JUD~MENT A~O DECREE ----------------------------------------------------------------- CONCE~NING THE APPLICATIO~ FOR ~ATER RIGHTS OF THE C8LORADO WAT~R CO~SERVATION BOARD I~ PASS CREEK I~ GUNNISON COUNTY -----~----------------------------------------------------------- The C0~rt oeing fully advised as to the matter of the appl iCdt ion herei n. hereby 'fldkes the foIl owi n'J rul ing: All notices required hy law of the filin~ of the applica- tion herein have heen fulfilled and the cOurt ,~s jurisdiction over the subject matter and over all parties hereto. The United States of America timely filed a statement of opposition. A stipulation has ,een reached between the United States and the applicant herein and such stipulation is made "art of and incorp~rated into this proposed ruling, the terms of which are as follows: 1. Applicant's rights are subject to all senior rights of the United States of America in the subject source. including properly decreed reserved rights. 3S are now or will hereafter De determined by law. 2. Applicant shall apply for any special use permits or rights-of-way. as the case may be. if the same are required by law for the use of public resources contemplate1 by the subject ap;:>licdtion and shall ahioje by toe conditions set forth therein. Mt. Emmons Mining Company anJ the Upper Gunnison ~iver ,at2r Conservanct Oistrict also ti,ne1y fi1<".1 st1teinents of opposition ~nd have su~se~uently withdrawn said opposition. All matters contdined in the application havin~ been reviewed. and testimony having heen taken where such testimony IS necessary, and such correcti0ns made as are indicated by the evidence presented herein, IT IS HEREBY THE RULING OF THE WATE~