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<br />, <br />, <br /> <br />tember 23. 1971. <br /> <br />B. The amount of water claimed is: 3 cubic feet <br />of water per second of time. <br /> <br />9. The water was first applied to the above benefi- <br />cial use on September 23. 1971 by action of the Colorado <br />Water Conservation Board under the provisions of (.R.S. <br />1913. 37-92-l02(31) 37-92-l03(31) (4) and (lO). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1913. 31-92-102(3). 31-92-103(3), (4) and (10). <br />known as Senate bill 91, signed into law, April 23. 1973. <br /> <br />11. Statements of opposition were. timely filed by <br />the Colorado River.Water (o~seryatjon District, ~ --- <br />It-. .1.... r--- r -.g . and the Un i ted States of <br />America and as a result, on ___~~_~~~~_~~_~~l~_____, <br />the application was rereferred~ the water judge for Water <br />Division No.5. <br /> <br />12. The statementf of opposition Of the Colorado~vEC- <br />Water Conservation District'....... _NRYMd ........ ____~ -....- <br />- "",.......L w~S subsequently withdrawn and the statement <br />of aDPosition of the United States of America was withdrawn <br />by stipulation, the pertinent parts of which are included <br />in this ruling of the referee. As a result. the application <br />has again been referred to the water referee by the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br />appl ication should be granted and that 3 cubic feet of water <br />per second of time are pereoy awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Tepee <br />Creek between the beginning and- end points as des~ribed in <br />paragraph 5 above, with an appropriation date of September <br />Z3. 1917. absolutely and unconditionally; subject. however, <br />to the following 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 />including properly decreed reserved rights, as are now or <br />wi 11 hereafter be determi ned 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 1 aw for the use of publ ic resources contemplated by the <br />subject appl ication and shall abide by the conditions set <br />forth therein, and subject to an earlier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the applicant <br />herein will construct and maintain at its expense a suitable <br />mea~uring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and shall becpme .effective upon <br />such fil ing, subject to judicia) revie,J.fto C.R.S. 1973, . <br />31-92-3El4. P<J~SV"AJr <br /> <br />It is further ORDERED that a copy of this ruling shall <br />be filed with the appropriate division engineer and the <br />state engineer. <br /> <br />-2- <br /> <br />',:::< <br />