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<br />5. Descriptinn OF be8in~;~~ ~~~ p-~ ~^;n~~ ~~ mini- <br />mum stream flow claimed: the natu'dl ::.t.,eam channel from <br />headwaters in N 1/2, sec 2, T6S R8DW, 6th PM as the upstream <br />terminus and confluence Turkey Creek in sec 16~ T6S R80W, <br />6th PM as the downstream 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 May <br />12, 191 a. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic fod; <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on May 12, 1978 by action of the Colorado rlater Con- <br />servation Board under the provisions of C.R.S. 1973, <br />31-92-\02(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 91, signed into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed <br />thl! Colorado River Wdter Conservation District.and the <br />States ~f America~and as a result, on ~~J~~~ <br />_Lf.2.t!:[___________, the appl ication was rereferred 7; <br />water judge for Water Division No. S. <br /> <br />12. The statementl of opposition of the Colorado ~V6,e <br />Water Conservation District wrt(Gsubsequently withdrawn and <br />the statement of opposition of the United States of America <br />~as withdrawn by stipulation, tIle pertinent parts of which <br />are included in this rul ing of the referee. As a result, <br />the appl ication has again been referred to the water referee <br />by the water judge for wdter Division No.5. <br /> <br />by <br />United <br />~ <br />the <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication should <br /> <br />be granted <br />IS <br />~ hereby <br /> <br />and that 1 cubic f~t of water <br /> <br />per second of time <br /> <br />awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve, <br /> <br />tne natural environment to a reasonable degree on Lime Creek <br /> <br />bet~een the beginning and end points as described in para- <br /> <br />graph 5 above, with an appropriation date of May 12, 1918, <br /> <br />absolutely and unconditionally; subject, however, to the f01- <br /> <br />lowing ~tipulated 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 ar~ now or <br />....ill hereafter be determined Dy la..... <br /> <br />b. Appl icant shall appl y for any special use permi ts <br />or rights-of-way, as the case may be. if the same are required <br />by law for .the use of publ ic resources contemplated by the <br /> <br />-2- <br />