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<br />It <br />_.Y\ ,t:Y <br />cFrY <br />l' <br />8. The amount of water claimed is: 15.0 cubic feet of water <br />per second of time during the summer months and 8.0 cubic feet of <br />water per second of time during the winter months. <br /> <br />79CW175 <br /> <br />9. The water was .first applied to the above beneficial use <br />on 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 prov~s~ons of C.R.S. <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate,Bi11 <br />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 stab:mIent 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United States of America was effectively withdrawn as a result of 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 <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 15.0 cubic feet of water per <br /> <br />.second of time during the summer months and 8.0 cubic feet of water <br /> <br />per second of time during the winter months are hereby awarded for <br /> <br />the purpose of maintaining a minimum stream flow as required to <br /> <br />preserve the natural environment to a reasonable degree on the <br /> <br />Williams Fork River between the beginning and end points as described <br /> <br />in paragraph 5 above, with appropriation date of the 18th day of May, <br />1979, absolutely and unconditionallYi. subject, however, to the <br /> <br />following stipualted agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of <br />the United States of America in the subject source, including <br />properly decreed reserved rights, as are now or will here- <br />after be determine6by law. <br />b. Applicant shall apply for any special'use permits or rights- <br />of-way, as the case may be, if the same are required by <br />law for the use of public resources contemplated by the <br />subject application and shall abide by the conditions set <br />forth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br />integration and tabulation by the Division Engineer of such priorities <br />and changes of rights in accordance with law; and provided further <br />that the applicant herein will construct and maintain at its expense <br />a suitable measuring device or gauging station as approved by the <br />State Engineer or his representative for the purpose of administer~g <br /> <br />this water right in priority as required by law. <br />