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5. Q~scrint;nn of beginning and end points of mini- mum S\:'(o::;oHl flow c"lalmed: the natural stream channel from con- fluence with Pearl Creek in sec 11, T7S R80W, 6th PM as the upstream terminus and confluence with Eagle River in sec 10, T7S RBOW, 6th PM as the do~nstream terminus. b. mum stream env ironment The use of the water is flows as are required to to d reasonable degree. to appropriate such mini- preserve the natural 7. The date of initiation of appropriation is May 12, 1978. 8. The amount of water claimed is: of water per second of time. 3 cUbic feet 9. The water was first appl ied to the above benefi- cial use on May 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3).37-92-103(3). (4) and (10). 10. Thi~ ~ppropriation is made under the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3). (4) and (10). known as Senate bill 97, sildned into law, April 23, 1973. 11. Statements of opposition ~ere timely filed by the Colorado River Water Cons~rvation District and the United States of Amer i ca /and as a resul t, on S:=.J?....z:~~~" z,a _.L!!i.2-.tJ__________, the appl iC.3t i on was rereferred 7cP the' water jud~e for Water Division No.5. 12. The statementl of opposition of the Colorado ,eqt/tE~ water Conservation District w~S subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this ruling of the referee. As a result, the a?pl 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 app} ication should be granted and that 3 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve ~he natural environment to a reasonable degree on Resolution Creek between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, 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 subject source, including properly decreed reserved rights, as are now or wi 11 hereafter be determined by law. b. Appl icant shall apply for any special use permits or ri~hts-of-way, as the case may be, if the same are required by law for the use of publ ic resources contemplat"~H"i by the -2-