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s~ np~crin~;~n 0f b~(?;nn;no ~nrl o~rl points of mini- mum stream flow claimed; the natural stream channel from headwaters in vicinity of lat 39 deg 29'2311 N, long 106 deg 15'15" ~ as the upstream terminus and confluence Pearl Creek in sec 11, T7S R80W, 6th PM as the downstream terminus. 6. The use of the .....ater is to appropriate such mini- mum stream flo.....s as are required to preserve the natural environment to a reasonable degree. 7. The date of initiation of appropriation is May 12. 1978. 6. The amount of water claimed is: of water per second of time. 2 cubic feet 9. The water was fi rst appl ied to the above benefi- cial use on .'lay 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3).37-92-103(3). (4) and (iO). 10. This dp~ropriation is made under the provisions of C.R.S. 1973.37-92-102(3), 37-92-103(3). (4) and (10). knOlo.n as Senate bill 97, signed into law, April 23, 1973. It. Statements of opposition were timely filed by the Colorado .River Water Conservation District and the Uni.!..ed States..Qf America/and as a result, on ~~1?r~84'1f!:.. Z5,1 _t51.Z~___________, the appl icati on was rereferred ~ the water judge for Water Division No.5. lZ. The statementl of opposition of the ColoradoR'lIiElft.. Water Con~ervation District wat& subsequently withdrawn and the statement of opposition of the United States of America was with0rawn by stipulation, the pertinent parts of which are included in this ruling of the referee. AS a result, the appl ication has again been referred to the water referee by the w~ter judge for Water Division ~o. 5. The referee does therefore conclude that the above-entitled appl ication 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 Resolution Creek between the beginning and end points as described in paragraph 5 above, with an appropria~ion date of May 12, 1978, absolutely and unconditionallYi subject, however, to th~ following stipulated agreement: a. Appl icant's rights are subject to all senior rights of the United States of America in the subject Source, including properly oecreed reserved rights, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits or rights-of-way, as the case may be, if the same are required by 1 aw for the use of publ ic resources contemplated by the -2-