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W-3640 10. This appropriation is made under the provisions of CRS 1973, 37-92-102 (3), 37-92.":'103 (:";Ij ~4.) (:i.(.j I .I'1..~10w;. ci..:.> w~llcd;'c l.n.ll <j"i, signed into law April 23, 1973. l~. Statements of Opposition were timely filed by the Colorado River Water Conservation District, by the Middle Park Water Conservancy District, and by the United States of America, and as a result I on March 20, 1978, the application was re-referr~d by the Water Referee to the Water Judge for Water Division No.5. 12. The Statements of Opposition of the Colorado River Water Conservation District and the Middle Park Wat~r Conservancy District were subsequently withdrawn, and the Statement of Opposition of the united States of America was withdrawn by Sti~ulation, the pertinent parts of which are included in this Ruling of Referee. As a result! the application has been again referred to th~ Water Referee by the Water Judge for Water Division No.5. The Referee does therefore conclude that the above entitled application should be granted and that 2.0 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Middle willow Creek, b~tween the beginning and end points as described in paragraph 5 above, with appropriation date of the 19th day of January, 1977, absolutely and unconditionally; subject, however, to the following stipulated agreement; a. Applicant's rights are subject to all senior rights of the united states of America in the subj~ct source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Applicant shall apply for any special use permits or rights- of-way, as the case may be, if the Same are required by law for the use of public resources cont~mplated by the subject application and shall abide by the conditions set forth therein; and subject 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 law; and provided further that the applicant herein will construct and maintain at its exp~nse 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-