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<br />".. <br /> <br />1. <br />tember 23, <br /> <br />The date of initiation of appropriation is Sep- <br />1977. <br /> <br />8. The amount of water claimed is:, 1 cubic feet <br />of water per second of time. <br /> <br />9, The water was first appl ied to the above benefi- <br />cial use on Septemb~r 23, 1971 by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1973. 37-92-102(3). 37-92-103(3). (4) an~ (10). <br /> <br />10. This appropriatio~ is made under the provisions <br />of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10). <br />known as Senate bill 91, signed into law, April 23, 1913. <br /> <br />11. Statements of opPosition were timely filed by <br />the Colorado River Water Con5~rvation District, ,py -~. .L..... <br />r~_\l\.w.fh_""~~~~~I'Q"-.land the United States of <br />America an~ as a result. on __~~~_~~~t_~_______. <br />the appl icati on was rereferred". the water judge for Water <br />Oi\,lision No.5. <br /> <br />12. The statement. of opposition of the ColoradO ~~6~ <br />Water Conservation District ~ ~___x.w"'''''''''~ <br />~u....,....~>-..,.. J w.cS: subsequentl y wi thdrawn and the statement. <br />of OPPOSition of the United States of America was withdrawn <br />by. stipulation, the pertinent parts' of whieh are included <br />in this rul ing of the referee. As a result, the appl icatian <br />has again been referred to the water refer~e by the water <br />jUQge far Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br />appl ication should be granted and that 1 CtJbic feet of lIojater <br />pet second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preser~e <br />th~ natural environment to a reasonable degree on Deadmqn <br />Gulch between the beginning and end points as described in <br />paragraph 5 above~ with an appropriation date of September <br />23. 1977, absolutely and unconditionally; subject9 however9 <br />to 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. Applicant shall apply for any special use permits <br />or rights-of-way, as the case may be, if the same are required <br />bV 1 aw for the lJse of publ ic resources contempl ated bV the <br />SUbject appl ication and shall abide by the conditions set <br />forth therein. ~nd subject to all earl ier priori~y rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the applicant <br />herein will construct and maintain at its eKpense a suitable <br />measuring devjc~ or guaging station as approved by the state <br />engineer or his representati~e for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and Shall becpme effective upon <br />such filing9 Subject to judicial revie~to (.R.S. 1973, <br />37-92-304. PV.e.5Vlfl,lr <br /> <br />It is further ORDERED that a copy of this ruling shall <br />be filed witn the appropriate division engineer and the <br /> <br />-2- <br />