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<br />1. The date of initiation of appropriation is Sep- <br />tell'lber 13, 1.911. <br /> <br />B. The amount of water claimed is: 4 cubic feet <br />of water per se~ond of time. <br /> <br />9. The water was first appl ied" to the above benefi- <br />Cidl use on September 23. 1977 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) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973. 37-92-102(31' 37-92-103(3), (4) and (101, <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. lIIQ..;r-.--"D!I!lI <br />~lI. .. .Je. -.Jj ~*:....,., _1 _.. and the United States of <br />America and as a result, on __~~~~~__~!'~_~jtZ~_____, <br />the appl icati on was rereferred 7tJJ the water judge for Weter <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~u ~ <br />Water Conservation District <br />~~V. r~ ~ere subsequently withdrawn and the statement 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of opposition of the united States of America was withdrawn 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 in9 of the rcfere~. As a result, the appl ication <br />has again been referred to the water referee oy the water <br />jUdge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br />appl ication should be grante~ and that 4 "Cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Toporas <br />Creek between the beginning ~nd end points as described in <br />paragraph 5 abOve. with an appropriation ~ate of September <br />23,-1977, absolutely and unconditionallyj subject, however, <br />to the following stipulated ~greement: <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 r9served rights. as are now or <br />wi 11 hereafter be determined by law. <br /> <br />b. ApPlicant shall apply for any special use Permit <br />or rights-of-way, as the caSe may be, if the same are requir d <br />by law for the use of publ ic resources contemplated by the <br />subject appl ication and shall abide bV th~ conditions set <br />forth thereinj and subject to all earl ier priority 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 lawj and provided further that the applicant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved bV the state <br />engineer or his representative for the purpose of administer <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this rul in9 shall be <br />filed with the water clerk and shall be~p~e effective ~pon <br />Stich fil ing, Subject to judicial reviewVto C.R.S. 1973, <br />37-92-304. Pf)II~lN.wr <br /> <br />It is further ORDERED that a copy of this rul ing shall <br />be fi led with the app~opriate division engineer and th~ <br /> <br />-2- <br />