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<br />5. Description of beginning and end points of mini- <br />mum stream flo..... claimed: the natural' stream channel from <br />head.....aters in see 19 T5$ RBOW, 6th PM as the upstream terminus <br />and confluence .....ith the Eagle River in see 26, T55 RBIW, <br />6th PM as the do.....nstream terminus. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is May <br />12, 1978. <br /> <br />8. The amount of water claimed is: <br />of wate~ per second of time. <br /> <br />1 cubic foot <br /> <br />9. The water was first applied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 1973, <br />37-92-102(3),37-92-103(3), (4) and (10).. <br /> <br />10. This appropriation is made under the provisions <br />of 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 <br />the Colorado River water Conservation District and the United <br />States of America and as a result, on ~~~~~~ Z~ <br />___L.1.2.B__________, the appl ication was rereferred'TO the <br />water jud~e for Water Division No.5. <br /> <br />12. The statementi of opposition of the Colorado ,e"'4'1& <br />Water Conservation District w4t~ subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was withdrawn by stipulation, the pertinent parts of which <br />are ,included in ttlis rul ing of the referee.. As a result, <br />the appl i cat i on has agai n been referred to the water referee <br />by the water judge for Water Division No.5. <br /> <br />The referee d~es therefore conclude that the above-entitled <br /> <br />app1 ication should be granted and that 1 cubic fGSt of water <br />I~ <br />per second of time .-& hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Game Creek <br /> <br />between the beginning and end points as described in para- <br /> <br />graph 5 above, with an appropriation date of May 12, 1978, <br /> <br />absolutely and unconditionallyi subject, however, to the fo1- <br /> <br />lowing stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />includinq properly decreed reserved rights. as are now or <br />will hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br />or rightS-Of-way, as the case may be, if the same are required <br />by law for the use of publ ic resourr:es ':::>ntemplat.~rj by the <br /> <br />-2- <br />