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<br />. <br /> <br />tributary to the Colorado River. <br /> <br />5. Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in the vicinity of L3t 39 deg 3710011 N, long 106 <br />deg 09159" W as the upstream terminus and confluence with <br />willow Creek in see 2, T55 R78 W of the 6th PM as the down- <br />stream terminus. <br /> <br />b. <br />mum stream <br />env i ronme nt <br /> <br />The use of the water j s <br />flows as are required to <br />to a reasonable degree. <br /> <br />to appropriate such mini- <br />preserve the natural <br /> <br />,.\ <br /> <br />7. The date of initiation of appropriation is Janu- <br />ary 19, 1971. <br /> <br />~, <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />3.0 cupic feet <br /> <br />9. The water was .first appl ied to the above benefi- <br />cial use on January 19, 1977 by action of the Colorado Water <br />Conservation Board under the provisions of C.R.S. 1973, <br />37-92-102(3),37-92-103(3), (4) and (10). <br /> <br />La. This appropriation is made under the provisi,ons <br />of C.R.S. 1973.37-92-102(3),37-92-103(3), (4) and {lOll <br />known as Senate bill 97, signed into law, April 23, 1973. <br /> <br />lL. Statements of opposition were timely filed by <br />tne Colorado River Water Conservation District, the Middle <br />Park water Conservancy District, and the United States of <br />America and as a result, on __H_4!f_~.!I_I~....,...Ln1________, <br />the appl ication 'oJas rereferred"7(, the 'oJater judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~u<<~ <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vancy District were subsequently withdrawn and the statement 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of opposition of the United States of America 'oJdS withdrawn 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 />application should be granted and that 3.0 cubic feet of <br /> <br />water per second of time are hereby awarded for the purpose <br /> <br />of mairltaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on South <br /> <br />Willow Creek between the beginning and end points as described <br /> <br />in paragraph 5 above, with an appropriation date of January <br /> <br />L9, 1971, absolutely and unconditionallyi subject, however, <br /> <br />to the following stipulated agreement: <br /> <br />a. Appl icant's rights are subject to an senior <br />rights of the United States of America in the subject Source, <br />including properly decreed reserved rights, as are now or <br /> <br />-2- <br />