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<br />, <br /> <br />L <br /> <br />\ <br /> <br />W~l.t,f-{7 <br /> <br />5. Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in the vicinity of Tat 39 deg 43'3111 N, long 106 <br />de9 12'02" w as the upstream terminus and confluence with <br />the Blu~ River at Tat 39 deg 45'5511.N, long lOb deg 06'5711 <br />W as the Oownstream 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 />1. The date of initiation of appropriation is Janu- <br />ary 19, 1977. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic feet <br /> <br />9. The water was first appl ied to the above benefi- <br />cial use on January 19, 1917 by action of the Colorado water <br />Conservation Board under the provisions of C.R.S. 1913, <br />37-92-102(3), 37-92-103(3)0 (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1913, 37-92-102(3). 37-92-103(3), (4) and (10), <br />kno'~n as Senate bill 97, signed into law. April 23. 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River ~ater Conservation District, the Middle <br />Park water Conservancy District, and the United States of <br />America and as a result, on ___..N1l..e~N___~_'!.....I.!i-7-8-__' <br />the appl icatian was rereferred~ the water judge (or Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~~C~ <br />Wdter Conservatiofl District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <br />of opposition of the United States of America was withdrawn <br />by stipulation, the pertinent parts of which are included <br />in this ruliny of the referee. As a result, the application <br />has again been referred to the water referee Dy the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl icatian should be granted and that 1 cubic feet of water <br /> <br />per second of time are 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 Harrigan <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of January <br /> <br />19, 1911, absolutely and unconditionally; subject, however, <br /> <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 />will hereafter be d~termined by law. <br /> <br />-2- <br />