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<br />l '. <br /> <br />I <br /> <br />- <br /> <br />, <br /> <br />, <br /> <br />W-3652C <br /> <br />9. The water was first applied to the above beneficial <br />use on November 15, 1977, by action of the Colorado Water <br />Conservation Board under the provisions of C.R.S. 1973, 37-92- <br />102 (3), 37-92-103 (3), (4) 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), <br />known as Senate Bill 97, signed into law April 23, 1973. <br /> <br />11. Statements of Opposition were timely filed by the <br />Colorado River Water Conservation District, by Phillip A. Jensen, <br />and by Occidental Oil Shale, Inc. and Ashland Colorado, Inc., <br />and as a result, on March 20, 1978, the application was re- <br />referred by the Water Referee to the Water Judge for Water <br />Division No.5. <br /> <br />12. The Statements of Opposition of the Colorado River <br />Water Conservation District, of Phillip Jensen, and of Occidental <br />Oil Shale, Inc. and Ashland Colorado, Inc. were subsequently <br />withdrawn, and on August 23, 1983, the application was again <br />referred to the Water Referee by the Water Judge for Water <br />Division No.5. <br /> <br />13. An Entry of Appearance was filed on behalf of the <br />Yellow Jacket Water Conservancy District on December 9, 1981. <br /> <br />14. A Stipulation was entered into between the Applicant <br />and Objector, Occidental Oil Shale, Inc., on September 1, 1982, <br />and filed in Water Court on August 22, 1983. Said stipulation <br />is attached hereto as Exhibit A, and is incorporated herein. <br /> <br />The Referee does therefore conclude that the above entitled <br />application should be granted and that 200 cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve the <br />natural environment to a reasonable degree on the White River <br />between the beginning and end points as described in paragraph <br />5 above, with appropriation date of the 15th day of November, <br />1977, absolutely and unconditionally; subject, however, to <br />all earlier priority rights of others and to the integration <br />and tabulation by the Division Engineer of such priorities <br />and changes of rights in accordance with law, and subject to <br />the terms and conditions, of the Stipulation attached hereto <br />as Exhibit A, and provided further that the applicant herein <br />will construct and maintain at its expense a suitable measuring <br />device or gauging station as approved by the State Engineer <br />or his representative for the purpose of administering this <br />water right in priority as required by law. <br /> <br />-2- <br /> <br />~~........-..--'..- <br />