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<br />/~ <br /> <br />80CW115 <br /> <br />~'\. <br /> <br />-,. <br /> <br />" <br /> <br />11. On July 16, 1980, a Statement of Opposition was filed by <br />the United States of America. <br /> <br />12. On Septernbe.L 9, 1980., the Statement of Opposition of the <br />United states of America was effectively withdrawn as a result of <br />stipulation betwe~n the parties involved, the pertinent parts of which <br />are included in this Ruling of Referee. <br /> <br />" <br /> <br />.' <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 4.0 cubic feet of water per <br /> <br />second of time ar~ hereby awardcu for the PUrpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environment <br /> <br />to a reasonable d~gree on Rapid Creek, between the beginning and end <br /> <br />points uS describcecl in paragruph 5 above, with appropriation date of <br /> <br />the 17th day of March, 1980, absolutely and unconditionally; subject, <br /> <br />however, to the fOllowing stipulated agreement; <br /> <br />D_ Applicant's rights arc subject to all senior rights of the <br />Uniteu States of AnlerlcD in the subject sourcet including properly decreed <br />reserved rights, qS nrc now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights-of- <br />way, as the case Thay be, if the;; same are required by law for the use of <br />public resources contemplated by the subject application and shall <br />nbide uj' the conditions set forth therein; <br /> <br />and subject to all carlier priority rights of others and to the <br /> <br />integration llnct tl.i!Julution lJy the Division Engineer of such priorities <br /> <br />and changes of ri~ht::; in accon1nncc with law; and provided further that <br /> <br />the applicant herein will COllstruct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by the State <br /> <br />Engineer or his J~C!prcsentativl~ for the purpose of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is accordingly ORDERED thnt this ruling shall be filed with <br />the Water Clerk a~d shull become effective upon such filing, subject <br />to Judicial revie~ pursuant to Section 37-92-304 ens 1973. <br />It is furthet ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State <br /> <br />day <br /> <br />of Eatil1JJlf-.. 198J" <br /> <br />BY 'PilE <br /> <br />! <br />REI'EREE'I <br />, <br /> <br />Engineer. <br />//~ <br /> <br />RECEIVED <br />MAR 2 '11981 <br />lIARR R"""1l!Q <br />- .....EiIl <br />COI.o. <br /> <br />Done at the City of Glenwood Springs/ Colorado, th1s <br /> <br />'" <br /> <br />.\"'Ik', >i1C,; /;,;/1/ <br />, ~'-\\II'/l/ <br />'--.- -.:"(,<.'((.' <br />., . <br /> <br />CZt~.. & ' <br /> <br />_ Qr Re Eeree :- <br />Water Division No. 5 <br />State of Colorado <br /> <br />" <br />\ <br /> <br />-2- <br />