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<br />\ <br /> <br />~ <br /> <br />5. Description of beginning and end points of mini- <br />mum stream fiv..1 cl"aimed: the natural stream channel from <br />headwaters in vicinity of lat 39 deg 32'50" Nt 1,ong 106 deg <br />14'34" ~ as the upstream terminus and confluence Wearyman <br />Creek in see 15, T6S R80W, bttl PM as the downstream terminus. <br /> <br />6. The use of the wat~r is to appropriate such mini- <br />mum stream flows as are reQujr~d to preserve the natural <br />environment to a reasonable degre~. <br /> <br />7. <br />12. 197 8. <br /> <br />The date of initiation of appropriation is May <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />4 cubic feet <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 Water Con- <br />servation Board under the provisions of C.R.S. 1973. <br />37-92-102(3). 37-92-103(3). (4) and (10). <br /> <br />10. Thi5 appropriation is made under the provisions <br />of C.R.S. 1913. 37-92-102(3), 37-92-103(3). (4) and (10). <br />known as Senate bill 97. siyned into law. April 23. 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation D~trict and the united <br />States of Amer;ca and as a result. on .;2!JiiO.r.lNU-.e ze <br />__Lf_2~______~_. the appl iC3tion was rereferred 70the ~ <br />water judge for Water Division No.5. <br /> <br />12. The statement/ of .opposition of the Colorado ~tl4'" <br />Water Conservation District w4t~subsequently withdrawn and <br />the statement of appasi.tian of the United States of America <br />was withdrawn by stipulation, the pertinent parts of which <br />are included in this rul ing of the referee. AS a result, <br />the app! icatian has again been referred to the water referee <br />by the water 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 4 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 Turkey <br /> <br />Creek between ttle beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12. <br /> <br />1978, absolutely and unconditionallYi subject, however. to <br /> <br />the following stipulated agreement: <br /> <br />a. Applicant'S rights are subject to all senior <br />rights of the Unit~d States of America in the subject source. <br />including properly decre~d reserved rights. as are now or <br />will hereafter be determined by law. <br /> <br />b. Appl ieant shall apply for any special use permits <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 />