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t' 5. Description of beginning and end points of mini- mum stream flow claimed: the natural stream channel from con- fluence with HomestaK~ Creek in see 19, T6S RBOW, 6th PM as the upstream terminus and confluence with Cross Creek in see 36, T55 RdlW, 6th PM as the downstre~m terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are r~quired to preserve the natural environment to a reasonable degre~. 7. The date of initiation of appropriation is May 12. 1978. 8. The amount of water claimed is: (summer) 25, (winter) 11 cubic feet of water per second of time. 9. The water was first appl ied to the above benefi- cial use on I~dy 12. 1978 by action of the Colorado water Con- servatiun Board under the provisions of C.R.S. 1973, 37-'12-102(3). 37-92-103(3). (4) and (10). 10. This appropriation is made under the provisions of C.R.S. 1973. 37-n-102(3). 37-92-103(3). (4) and DOlo known as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the ColoradO River water Conservation District and the United States of America and as a result. on "-E"~ndiJt!~ Z8", -~i~-~-----------, the application was rereferred 1(; the water judge for ~ater Division No.5. 12. The statementl of opposition of the Colorado ~uE~ \~ater Conservation District ......J subsequently withdrawn and the statement of opposition of the United States of America wdS withdrawn by stipulation. the pertinent parts of which are incluJed in this rul ing of the referee. AS a result. the appl ication has again been referred to the water referee by the water judge for Water Division No.5. The referee does therefore conclude that the above-entitled appl ication should be granted and that. (summer) 25. (winter) 11 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserv~ the natural environment to a reasonable degree on Eagle River between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978. absolutely and unconditionally; sub- ject, however, to the following stipulated agreement: a. Applicant'S rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reserved rights, as are now or will hereafter be det.erm i ned by 1 aw. b. Applicant shall apply for any special use permits or rights-of-way, 35 the case may be, if th~ same are required by law for the '.lse of publ ic .-p~.~\:.; .es contemplated by the -2-