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79CI063 9. The water was first applied to the above bene- ficial use on December 5, 1979, by action of the Colorado Water Conservation Board under the provisions of C.R.S. 1973, 37-92- 102 (3), 37-92-103 (3), (4) and (10). 10. of C.R.S. 1973, known as Senate This appropriation is made under the provisions 37-92-102 (3), 37-92-103 (3), (4) and (10), Bill 97, signed into law April 23, 1973. Statement of Opposition was timely filed by John 11. BruneI. 12. The Statement of Opposition of John BruneI was subsequently withdrawn, and on August 26, 1980, the application was again referred to the Water Referee by the Water Judge for Water Division No.5.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 4.0 cubic feet of water per second of time ue hereby awarded for the purpose of main- taining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Egeria Creek between the beginning and end points as described in paragraph 5 above, with appropriation date of the 5th day of December, 1979, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance wit11 law, anJ provided further tJ18t the applicant herein will construct and maintain at its expense a suitable measuring device or gauging station as approved by the State Engineer or his representative for the .purpose of administering this water right in priority as required by law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become ~ffective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. It is further ORDERED that a copy ~f this ruling shall be filed with the appropriate Division ~nginaer and the State Engineer. -2- ,