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80CW126 Board under the provisions of C.R.S. 1973, 37-92-102(3), 37-92- 103(3), (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1073, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate Bill 97, signed into law April 23, 1973. 11. Statements of Opposition were timely filed by Brett Ranch Properties, and by Leonard Horn, and as a result, on August 29, 1980, the application was re-referred by the Water Referee to the Water Judge for Water Division No.5. 12. The Statement of Opposition of L~onard Horn was sub- sequently withdrawn, and the Statement of Opposition of Brett Ranch Properties was withdrawn as a result of Stipulation, the pertinent parts of which are included in this Ruling of Referee. As a result, on August 7, 1981, the application was again referred to the Water Referee by th~ Water Judge for Water Division No.5. The Referee does therefore conclude that the above entitled application should be granted and that 110 cubic feet of water per second of time from May 1 through September 30, and 45 cubic feet of water per second of time from October 1 thro~gh April 30 are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural ~nvironment to a reasonable degree on the Eagle River between the beginning and end points as described in Paragraph 5 above, with appropriation date of the 17th day of March, 1980, absolutely and unconditionally; subject, how- ever, to the following stipulated agreement; (a) The water rights which are the subject of the application in the above captioned case will not be used as a basis for opposing the application fo~ water rights and approval of plan for augmentation including change of water rights currently pending in Water Division No.5, Case No. 81CW73, or any ruling of Referee or Dec~ee of the Court subsequently entered in said proceeding. (b) The terms of the stipulation are binding upon and inure to the benefit of the parties successors and assigns, and sub- ject to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with l~w; and provided further that the applicant herein will construct and maintain at its expense a SUitable measuring device or gauging station as approved by the State Engineer or his representative for the purpose of administering this water right in priority as required by law. It is accordingly ORDERED that this ruling shall be filed with the Nater Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304 CRS 1973. -2-