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<br />~~ Description of be~inning and end points of mini- <br />mum stream flow claimed: the natural stream channel from con- <br />fluence with Wearyman Creek in sec 15, T65 R80W, 6th PM as <br />the upstream terminus and confluence with Eagle River in <br />see 19, TeS R80h', 6th PM as the downstream termjnus. <br /> <br />b. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. <br />12. 1978. <br /> <br />The date of initiation of appropriation is May <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic feet <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 1973, <br />37-92-10213). 37-92-103(3). (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10). <br />known as Senate bill 97, sil]ned into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed <br />the Colorado River Water Conservation District and the <br />States of Americ~and as a result, on ~~~;'t' <br />_~~?~__________, the application was rereferred~ <br />water judge for Water Division No.5. <br /> <br />12. The statementl of opposition of the Colorado ~tlo. <br />water Conservation District wetS subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was witlldrdwn by stipulation, the pertinent parts of which <br />are included in this rul ing of the referee. As a result, <br />the appl ication has dyain been referred to the wate-r referee <br />by the water judge for Water Division No.5. <br /> <br />by <br />United <br />Z4, <br />the <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication Should be granted and that 7 cubic feet of water <br /> <br />per second of time are hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Turkey <br /> <br />Cree~ between the b~ginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />1978, absolutely and unconditionallyi subject, however, to <br /> <br />the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of t~e United States of America in the subject source, <br />including properly decreed reserved rights, as are now or <br />will hereafter be determined by law. <br /> <br />or <br />by <br /> <br />b. Applicant shall apply <br />ri]hts-of-way, as the case may <br />I aw for the use of pI",' Ii (_ fE'; <br /> <br />for <br />be. <br />,-tees <br /> <br />any special use permits <br />if the same are required <br />contemplated by the <br /> <br />-2- <br />