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<br />79CW178 <br /> <br />7. <br /> <br />C/. <br /> <br />The date of initiation of appropriation is May 18, 1979. ~\,~ <br /> <br />of water \..fJJ <br />feet of ~. <br /> <br />reasonable degree. <br /> <br />S. The amount of water claimed is: 7.0 cubic feet <br />per second of time during the summer months and 3.0 cubic <br />water per second of time during the winter months. <br /> <br />9. The water was first applied to the above beneficial use <br />on May 18, 1979, by action of the Colorado ,later Conservation Board <br />under the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) <br />and (10). <br /> <br />10. This appropriation is made under the provisions of C.R.S. <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate Bill <br />97, signed into law April 23, 1973. <br /> <br />11. Statements of Opposition were timely filed by the Middle <br />Park Water Conservancy District, by Bluepond Associates, and by <br />the United States of America, and as a result, on October 31, 1979, <br />the application was re-referred by the Water Referee to the Water <br />Judge for Water Division No.5. <br /> <br />12. The statements of opposition of the Middle Park Water <br />Conservancy District, and of Bluepond Associates were subsequently <br />withdrawn, and the statement of opposition of the United States of <br />America was withdrawn by stipulation, the pertinent parts of which <br />are included in this Ruling of Referee. As a result, the application <br />has been again referred to the Water Referee by the Water Judge for- <br />r' J Water Division No.5. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be graned and that 7.0 cubic feet of water per <br /> <br />second of time during the summer months and 3.0 cubic feet of water <br />per second of time during the Winter months are trreby awarded for <br />a. <br />the purpose of maintaining minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on the South Fork <br /> <br />Williams Fork River, between the beginning and end points as <br /> <br />described in paragraph 5 above, with appropriation date of the 18th <br /> <br />day of May, 1979, absolutely and unconditionally; subject, however, <br /> <br />to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of <br />the United States of America in the subject source, <br />including properly -decreed reserved rights, as are now <br />or will hereafter be determined by law. <br />b. Applicant shall apply for any special use permits or <br />rights-of-way, as the case may be, if the same are required <br />by law for the use of public resources contemplated by <br />the subject application and shall abide by the conditions <br />set forth therein; <br /> <br />and subject to all earlier priority' rights of others and to the <br />integration and tabulation by the Division Engineer of such priorities <br />and changes of rights in accordance'with law; and provided further <br />