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<br />80CI'/37 <br /> <br />11. On May 27, 1980, a Statement of Opposition was ~~Jed by <br />the united States of America. r-.. <br /> <br />12. On November 12, 1980, the Statement of Opposition of the <br />United states of America was effectively withdrawn as a result of <br />stipulation between the parties involved, the pertinent parts of <br />which Stipulation are included in this Ruling of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 6.0 cubic feet of water per <br /> <br />second of time during the summer months and 3.0 cubic feet of water per <br /> <br />second of time during the winter months, are hereby awarded for the <br /> <br />purpose of maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Cataract Creek, <br /> <br />between the beginning and end" points as described in paragraph 5 above, <br /> <br />with appropriation date of the 30th day of January, 1980, absolutely <br />and unconditionally; subject, however, to the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all such rights of the United <br />states of America in the subject source, including reserved rights, <br />as are now or will hereafter be determined by law to be senior. <br /> <br />b. Applicant shall apply for any special use permits or rights-of- <br />way, as the case may be, if the same are required by law for the use of <br />public resources contemplated by the subject application and shall <br />abide by the conditions set f9rth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br />suitable measuring device or gauging station as approved by the state <br />Engineer or his representative for the purpose of administering this <br />water right in priority as required by law. <br />.It is accordingly ORDERED that this ruling shall be filed with <br />the Water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92-304 CRS 1973. <br /> <br /> <br />It is further OROERED that a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this <br /> <br />22< <br />/7 <br /> <br />day of .Fii~"UA~ 1 <br /> <br />1981. <br /> <br />BY THE REFEREE: <br /> <br />_ ._: (-/ll:~~{2,tJ /!J~ <br />". --..:' '/, I <br />. 1 . c <br /> <br /> <br />5 <br /> <br />-2- <br />