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<br />5. Description of beginning and end points of mini- <br />;f,L.:~ ,~L; ,,!~<,.;, f';uw 'claimed: the natural stream channel from <br />headwaters in vicinity of lat 40 deg 15'50" N long 106 deg. <br />00'4011 ~ as tho upstream terminus and confluence Willow <br />Crc2k in see 35. T4N R78W, 6th PM as the downstream terminus. <br /> <br />6. <br />mum stream <br />env ironment <br /> <br />Ttle use of the water is <br />flows as are required to <br />to a reasonable degree. <br /> <br />to appropriate such mini- <br />preserve the natural <br /> <br />7. <br />12, 1978. <br /> <br />The date of initiation of appropriation is May <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic bot <br /> <br />9. The water was first appl ied to the above benefi-: <br />cial use on May 12. 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 1973. . <br />37-92-102(3). 37-92-103(3). (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1913.37-92-102(3).37-92-103(3). (4) and (10), <br />known as Senate bill 97, signed into law. April 23, 1973. <br /> <br />11. 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 />Ame,;c. and as . result. on~~l"~~~~__~~t~2~___. <br />the appl ication was rereferred n the water judge for Water <br />D i vis i on No.5. <br /> <br />12. The statements of opposition of the Colorado tfv~~ <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vancy District were subsequently withdrawn and the statement 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of opposition of the United States of America was withdrawn 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 /> <br />appl ication Should be granted and that 1 cubic fOet of water <br />IS <br />per second of time ~ hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Kauffman <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above. with an appropriation date of May 12. <br /> <br />1978. absolutely and unconditionally; subject. however, to <br /> <br />the following stip~lated agreement: <br /> <br />a. Appl icant'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 />will hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br /> <br />-2- <br />