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<br />79CW181 <br /> <br />8. The amount of water claimed is: 28.0 cubic feet of water <br />per second of time during the summer months and 14.0 cubic feet of <br />water per second"of time during the winter months. <br /> <br />9. The water was first applied to the above beneficial use on <br />May 18, 1979, by action of the Colorado Water Conservation Board <br />under the provisions of C.R.S. 1973, 37-92-102 (3), 37-92-103 (3), (4) <br />and (10). <br /> <br />10. This appropriation is made under the provisions of <br />C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as <br />Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. A statement of opposition was timely filed by the United <br />States of America, and as a result, on October 31, 1979, the <br />application was re-referred by the Water Referee to the Water Judge <br />for Water Division No.5. <br /> <br />12. On October 16, 1979, the statement of opposition of the <br />United States of America was effectively.withdrawn as a result of <br />stipulation between the parties involvedJ the pertinent parts of <br />which are included in this Ruling of Referee. As a result, the <br />"application has been again referred to the Water Referee by the Water <br />Judge for Water Division No.5. <br /> <br />The Referee does therefore conclude ,that the above entitled <br /> <br />application should be granted and that 28.0 cubic feet of" water per <br /> <br />second of time during the summer months and 14.0 cubic feet of water <br />per second of time during the winter months are hereby awarded for <br />the purpose of maintaining a minimum str~am flow as required to <br /> <br />preserve the natural environment to a reasonable degree on the <br /> <br />Williams Fork River, between the beginni~g and end points as <br /> <br />described in paragraph 5 above, with appropriation date of the <br />18th day of May, 1979, absolutely and un~onditionally; subject, <br /> <br />however, to the following stipulated agr~ementi <br /> <br />a. Applicant's rights are subject to all. senior rights of the <br />United States of America in the subject source including <br />properly decreed reserved rights, as are now or will here- <br />after be determined by law. I <br />b. Applicant shall apply for any special use permits or <br />rights-of~way, as the case may ,be if the same are required <br />by law for the use of public resources contemplated by the <br />subject application and shall ~bide by the conditions set <br />forth thereini <br /> <br />, <br />and subject to all earlier priority righns of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br />, , <br /> <br />and changes of rights in accordance with ,lawi and provided further <br />that the applicant herein will construct land maintain at its expense <br /> <br />a suitable measuring device or gaGging s~ation as approved by the <br /> <br /> <br />State Engineer or his represent~tive for the purpose of administering <br />