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<br />" <br /> <br />w- 3 6 41 <br /> <br />11, Sta~ements of Opposition were timely filed by the Colorado <br />River Water Conservatipn District, by the M!ddle Park Water Conservancy <br />District, and by the United States of America, and as a result, on <br />March 20, 1978, the application was re-refe~red by the Water Referee <br />to the Water Judge for Water Division No.5. <br /> <br />12. The Statement of Opposition of the Colorado River Water <br />Conservation District and of the Middle park Water Conservancy <br />District were subsequently withdrawn, and the Statement of opposition. <br />of the United States of America was withdra~n by Stipulation, the <br />pertinent parts of which are included in this Ruling of Referee. As <br />a result, the application has been again referred to the Water Referee <br />by the Water Judge for'Water Division NO.5, <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />'" <br /> <br />application should be granted and that 3.0 cubic feet of water per <br /> <br />second of time are hereby awarded for the Purpose of maintaining a <br />minimum stream flow as required to preserve the natural environment to <br /> <br />a reasonable degree on North Willow Creek, between the beginning and <br />end points as described in paragraph 5 above, with appropriation date <br /> <br />of the 19th day of January, 1977, absolutely and unconditionally; subject <br /> <br />however, to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of the <br />united states of America in the subject source, including properly <br />decreed ~eserved rights, as are now or will hereafter be det~rmined by la <br /> <br />b. Applicant shall apply for any special use permits o~rights-of- <br />day, as the case may be, if the same are required by law for the use of <br />public resources contemplated by the subject application and shall abide <br />by the conditions set forth therein~ <br /> <br />and subj~ct to all earlie~ priority rights of others and to the integrati <br />. <br />I <br />and tabulation by the Division Engineer of such priorities and changes <br />of rights in accordance with law; and provided further that the applicant <br />herein will construct and maintain at its expense a suitable measuring <br />device o~ gauging station as approved by the:State Engineer Or his <br />representative for the pu~pose of administering this water right in <br />priority as, required by law. <br />It is accordingly ORDERED that this ruling shall be filed with <br />the Water Clerk and shall become effective upon such filing, subject <br />to Judicial review pursuant to Section 37-92-304 CRS 1973. <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />day of <br /> <br />Done at the City of Glenwood Springs, Colorado, thfs <br /> <br />I <br />I <br />BY THE REFEREE: I <br />i <br /> <br />~ L./. ! <br />v! efe;e;-" <br />ter Division No. 5 <br />State of Colorado <br /> <br />Engineer. <br />~/ tiJ. <br /> <br />with the appropriate Division Engineer and the State <br /> <br />17:~'~I9A. Y <br /> <br />, 19"81. <br /> <br />RECEIVED <br />MAY 1 4 19m <br /> <br />t.!o prc.fc~' \'fen filed in this moltl1r. <br />Thn !afcDClinn ruling is confi:"".-',,! <br />tllid (l;.pro',:~d, and Is n10cb ':~ . <br />.t!"!";;~r"nl r,... "I)ccrt"l of. ,j' ("~, <br /> <br />WATER RESOUSC~ <br />St'ATtENGlNfSr' <br />.... <br /> <br /> <br />" <br /> <br />-2- <br />