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<br />~7!'''''.,]'<'itW' <br />.1~h~. , <br />.;fi, _ .',,> >- <br />, , . <br /> <br />--. <br /> <br />10. This appropriation to maintain minimum stream flow is made under the prov~s~ons <br />of Section 148-21-3(6), (7), and (10) as amended by Senate Bill 97, signed <br />into law April 23, 1973. <br /> <br />11. On September 2B, 1973, the Colorado River Water Conservation District filed, <br />in Water Court for Water Division No.5, a Statement of Opposition to this <br />application in which it is stated: The Colorado River Conservation District <br />has no objection to the granting of the application fo~ water rights on the <br />condition, however, that as a part of the Ruling of the Referee and the <br />Decree of the Water Court a Finding is made and an Order entered that the <br />Congress of the United States of America in authorizing the construction of <br />the Frying Pan-Arkansas Project (76 Stat. 389) specifically directed the <br />operation of the project in accordance with certain Operating Principles <br />appearing as House Document No. 130, 87th Congo 1st Sess., and that the <br />Ruling and Decree are not intended to be. nor shall it be construed as, an <br />amendment, variation, abrogation or construction of such Operating Principles. <br /> <br />The Referee does therefore conclude that the above entitled application <br /> <br />should be granted and that 39 cubic feet of water per second of time during the <br /> <br />period from November 1 to April 30, and 110 cubic feet of water per second of <br /> <br />time during the period from May 1 to October 31, is hereby awarded to the Lower <br /> <br />Frying Pan River, from a point immediately below its confluence with the Rocky <br /> <br />Fork to the point of confluence with the Ro~ring Fork River, for the purpose of <br /> <br />maintaining such minimum flo~s in the stream bed as are required to preserve the <br /> <br />natural environment to a reasonable degree, with appropriation date of the 12th day <br /> <br />of July, 1973, absolutely and unconditionally; subject, however, to all earlier <br /> <br />priority rights of others in accordance with law, and also subject to the Operating <br /> <br />Principles of the Frying Pan-Arkansas Project. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with ele Water <br /> <br />Clerk and shall become effective upon such filing, subject to judicial review <br /> <br />pursuant to Section 148-21-20 CRS 1963 as amended (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with the <br /> <br />appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this /9' It, <br /> <br />day of Ak, i/ENI'JEL <br /> <br />, 1973. <br /> <br />BY THE REFEREE: <br /> <br />Uo protest rollS filod in this ~attor, <br />The foregoing ruling 1s oonfirmed <br />0.:11.opproved, and is made the <br />Judgment and Deoree of this Dourt. <br /> <br />. )5; 11/7.$ t\ <br /> <br />~~ <br /> <br />Water Division No. 5 <br />State of Colorado <br /> <br /> <br />Judge <br />