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<br />.. <br /> <br />B ocw115 <br /> <br />11. On July 16, 1980, a statement of Opposition was filed by <br />the United States of Amel-~~~ <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />united states of America was effectively withdrawn as a result of <br />stipulation between the parties involved, the pertinent parts of which <br />are included in this Ruling of Referee. <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 />second of time are hereby awarded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environment <br /> <br />to a reasonable degree on Rapid Creek, between the beginning and end <br /> <br />points as described in paragraph 5 above, with appropriation date of <br />the 17th day of March, 1980, absolutely and unconditionally; subject, <br />however, to the following stipulated agreement; <br /> <br />a. Applicant IS rights are subject to all senior rights.. of the <br />united states of America in the subject source, including properly decreed <br />reserved rights, as are 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 may be, if the same are required by law for the use of <br />public resources contemplated by. the subject application and shall <br />abide by the conditions set forth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by the State <br /> <br />Engineer or his representative for the purpose of administering this <br /> <br />water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 CRS 1973. <br /> <br />It is further ORDERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br /> <br /> <br />Done at the City of Glenwood Sp~ingsr Colorado, this //~ <br /> <br />day of rEALi/llIlf <br /> <br />, 19B1. <br /> <br />BY THE REFEREE: <br /> <br />~~.. & <br />t er Referee - <br />Water Division No. 5 <br />State of Colorado <br /> <br />-2- <br />