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<br />.. <br /> <br />5. Description of heqinning and ~~d ~~jnt5 of mini- <br />mum stream Flo'.. claimed: the natural stream channel from <br />headwaters in see 5, T6$ R80\ol of the 6th PM as the upstream <br />terminus and confluence Turkey Creek in see 20, T6S R80~ of <br />the 6th PM as the downstream terminus. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of apprGpriation is May <br />12. 1978. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic foot <br /> <br />9. The water was first applied to the above benefi- <br />cial use on May 12, 1918 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. 1973. 37-92-102(3), 37-92-103(3)0 (4) and (10)0 <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 />Amer;ca and as a result. on _~~~Z-~~~_Z~-l~ltZ_. <br />the appl ication was rereferred 7>> the water judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado~~." <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vancy District were subsequently withdrawn and the statement 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of opposition of the United States of America was withdrawn 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 rul ing of the referee. As a result, the appl ication <br />has again been referred to the water referee by the water <br />judye for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication should <br /> <br />be granted <br />1,$ <br />~ hereby <br /> <br />and that 1 cuoic f~t of water <br /> <br />per second of time <br /> <br />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 Willow <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 unconditionallyi subject, however, to <br /> <br />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 />will hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br /> <br />-2- <br />