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5. Description of beginning and end points of mini- mum stream flow claimed: the natural stream cnanne1 from headwate~:.s in see 3. T4N R78W of the 6th PM as the upstream terminus and confluence with willow Creek at lat 40 deg 18'26" N, long 106 deg 03'3611 W as the downstream terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural environment to a reasonable degree. 1. The date of initiation of appropriation is May 12, 1918. 8. The amount of water claimed is: of water per second of time. 2 cubic feet 9. The water was first appl ied to the above benefi- Ci03l use on May 12, 1918 by action of the Colorado 'Water Con- servation Board under the provisions of C.R.S. 1913, 37-92-102(3),37-92-103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973, 37-92-102(3). 37-92-103(3). 14) and (10). known as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the COlorado River Water Conservation District, the Middle Park ~ater Conservancy District and the United States of Ame,;ca and as a result. on ~~~~~~_~~ltZ2i____, the appl ication was rereferred"". the water judge for Water D i v j s i on No.5. 12. The statements of opposition of the Colorado ~V~L Water Conservation District and the Middle Park Water Conser- vancy District were subsequently withdrawn and the statement .of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee. As a result, the application has again been referred to the water referee by the water judge for Water Division No.5. The referee does therefore conclude that the above-entitled application should be granted and that 2 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Pass Creek between the beginning and end points as described in para- graph 5 above, with an appropriation date of May 12, 1978, absolutely and unconditionally; subject, however, to the fo1- lowing stipulated agreement: a. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits -2-