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<br />....J3ta S I <br /> <br />~I <br />, <br />I <br />I <br /> <br />t <br />tary to the Colora~o River. <br />I <br />5. Descrj~ltion of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />h~adwaters in the vicinity of lat 39 deg 46'Obll Nt long 106 <br />deg 14'12" W as ttl~ upstream terminus and confluence with <br />Brush Creek at lat 139 deg 48'26" Nt long lOb deg 12'20".W <br />a~ the dOnnstredffi ~erminus. <br /> <br />6. The us~ of the water is to appropriate such mini- <br />mum stream flows a~ are required to preserve the natural <br />env ironment to a relasonabl e degree. <br />I <br />7. The dat~ of initiation of appropriation is Janu- <br />ary 19, 1977. ! <br /> <br />8. The am~unt of water claimed is: 2 cubic feet <br />of water ~er second, of time. <br /> <br />9. The wat~r was first appl ied to the above benefi- <br />cial use on January lq, 1977 by action of the Colorado Water <br />Conservation Board nder the provisions of C.R.S. 1973, <br />37-92-102(3). 37-92 103(3). (4) and (10). <br /> <br />10. This ap~ropriation is made under the provisions <br />of C.R.5. 1973. 37-192-102(3). 37-92-103(3). (4) and (10). <br />known as Senate bill1 91, sign~d into law, April 23, 1913. <br />I , <br />11. Stateme~ts of opposition were timely filed by <br />the Colorddo River ~ater Conservation District, the Middle <br />Park Water conserva~cy District, and the United States of <br />America and as a re ult, on ____~Z_c~_~~~-~~~----, <br />the appl icati on was rereferred 1Fi the water judge for Water <br />Division No.5. 1 <br /> <br />12. The statements of opposition of the Colorado ~V,~ <br />Water .Conservation bistrict and the Middle Park ~Iater Conser- <br />vancy Vistrict werej subsequently withdrawn and the statement <br />of opposition of th~ United States of America was withdrawn <br />by stipulation, the~hPertinent parts of whi~h are included <br />in this rul ing of t e referee. As a result, the appl ication <br />has again been refe~red to the water referee by the water <br />judge for Water Divlision No.5. <br /> <br />The referee d es therefore conclude that the above-entitled <br /> <br />appl ication should e granted and tnat 2 cubic feet of water <br /> <br />per second of time re hereby awarded for the purpose of <br /> <br />maintaining d minim m stream flow as required to preserve <br /> <br />the natural environ ent to a reasonable degree on South <br /> <br />Brush Creek between the beginning and end points as described <br /> <br />in paragraph 5 abov , witn an appropriation date of January <br /> <br />19, 1911, absolutel <br /> <br />and unconditionally; subject, however, <br /> <br />to the following st pulated agreement: <br /> <br />a. Applied <br />rights of the Unite <br />including properly <br /> <br />t's rights dre subject to all senior <br />States of America in the subject source, <br />ecreed reserved rights, as are now or <br /> <br />-2- <br />